Opinion
2:24-cv-04378-SPG-PVC
10-29-2024
JASON ERIK LUND, Plaintiff, v. MARTIN O'MALLEY, Commissioner of Social Security, Defendant.
E. MARTIN ESTRADA DAVID M. HARRIS CEDINA M. KIM PAUL SACHELARI,
E. MARTIN ESTRADA
DAVID M. HARRIS
CEDINA M. KIM
PAUL SACHELARI,
[PROPOSED]
JUDGMENT OF REMAND
HON. PEDRO V. CASTILLO, UNITED STATES MAGISTRATE JUDGE
The Court having approved the parties' Stipulation to Voluntary Remand Pursuant to Sentence 4 of 42 U.S.C. § 405(g) and to Entry of Judgment (“Stipulation of Remand”) lodged concurrent with the lodging of the within Judgment of Remand.
IT IS HEREBY ORDERED, ADJUDGED AND DECREED that the abovecaptioned action is remanded to the Commissioner of Social Security for further proceedings consistent with the Stipulation of Remand.
In Bastidas v. Chappell, 791 F.3d 1155 (9th Cir. 2015), the Ninth Circuit held that the magistrate judge had the authority to grant Petitioner's request to dismiss two unexhausted claims in his habeas petition without the approval of a district judge, as the magistrate judge's order was simply “doing what [the] habeas petitioner has asked.” Id. at 1165. While Bastidas is not entirely on point, the stipulation for remand and entry of judgment here is jointly made by the parties, without any compulsion from the magistrate judge. Because there appears to be no danger of undue prejudice to any party, the Court grants the request.