Angevine v. Commissioner of Social Security

Filing 35

ORDER Directing the Clerk of the Court to Close this Action signed by Magistrate Judge Gary S. Austin on 01/14/2014. CASE CLOSED.(Flores, E)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 PAUL W. ANGEVINE, 12 13 14 15 16 1:09-cv-01496 GSA Plaintiff, v. CAROLYN W. COLVIN, Acting Commissioner of Social Security, ORDER DIRECTING THE CLERK OF THE COURT TO CLOSE THIS ACTION Defendant. 17 On August 20, 2009, Plaintiff filed a complaint seeking a review of a final decision of the 18 19 Commissioner of Social Security (“Commissioner”) denying of his applications for disability 20 insurance benefits and supplemental security income benefits pursuant to Titles II and XVI of the 21 Social Security Act. (Doc. 1) On December 17, 2010, this Court issued an order and judgment 22 affirming the Commissioner’s decision. (Docs. 19 & 20). 23 24 Plaintiff timely filed an appeal with the Ninth Circuit Court of Appeals. (Docs. 23 and 25). On October 16, 2013, the Ninth Circuit Court of Appeals issued a Memorandum reversing 25 the judgment of this Court with instructions that the case be remanded to the ALJ for a proper 26 27 28 1 1 review of Plaintiff’s mental impairments.1 (Doc. 32). A mandate was issued on December 11, 2 2013. (Doc. 33). On December 18, 2013, this Court issued an order remanding the case consistent 3 with the mandate issued by the Ninth Circuit. (Doc. 34). Accordingly, the Clerk of the Court is 4 directed to close this case. 5 6 7 8 9 IT IS SO ORDERED. 10 11 12 Dated: January 14, 2014 /s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE DEAC_Signature-END: 6i0kij8d 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 The Court of Appeals noted that Plaintiff’s arguments regarding his mental impairment had not been raised before this Court, but permitted Plaintiff to raise the issue on appeal. (Doc. 52-1, pgs. 2-3). 2

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