Opinion
21-cv-09864-JST
03-12-2024
ARTHUR T., Plaintiff, v. KILOLO KIJAKAZI, Defendant.
ORDER VACATING AND REMANDING DENIAL OF BENEFITS
RE: ECF NO. 25
JON S. TIGAR, UNITED STATES DISTRICT JUDGE.
Before the Court are the order and mandate of the Ninth Circuit Court of Appeals. ECF Nos. 25, 26. On August 10, 2023, this Court issued an order affirming the final decision of Defendant Kilolo Kijakazi (“Commissioner”), ECF No. 20, and entered judgment, ECF No. 21. Plaintiff appealed. See ECF No. 23.
At the Ninth Circuit, the parties filed a joint motion to vacate and remand. See ECF No. 25. On March 1, 2024, the Ninth Circuit granted the joint motion, vacated this Court's August 10, 2023 order, and remanded the case to this Court with instructions to “enter judgment and remand the case for further administrative proceedings.” ECF No. 25. The Ninth Circuit issued its mandate on the same day. ECF No. 26.
In accordance with the Ninth Circuit's order and mandate, the Commissioner's final decision is VACATED, and this case is REMANDED for further administrative proceedings under sentence four of 42 U.S.C. § 405(g). The Clerk shall enter judgment. Plaintiff's pending motion for leave to appeal in forma pauperis, ECF No. 22, is DENIED as moot.
IT IS SO ORDERED.