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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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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PAUL W. ANGEVINE,

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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.

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On August 20, 2009, Plaintiff filed a complaint seeking a review of a final decision of the
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Commissioner of Social Security (“Commissioner”) denying of his applications for disability

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insurance benefits and supplemental security income benefits pursuant to Titles II and XVI of the

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Social Security Act. (Doc. 1) On December 17, 2010, this Court issued an order and judgment

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affirming the Commissioner’s decision. (Docs. 19 & 20).

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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

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the judgment of this Court with instructions that the case be remanded to the ALJ for a proper
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review of Plaintiff’s mental impairments.1 (Doc. 32). A mandate was issued on December 11,

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2013. (Doc. 33). On December 18, 2013, this Court issued an order remanding the case consistent

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with the mandate issued by the Ninth Circuit. (Doc. 34). Accordingly, the Clerk of the Court is

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directed to close this case.
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IT IS SO ORDERED.

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Dated:

January 14, 2014

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

DEAC_Signature-END:

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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).

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