Demelo v. Commissioner of Social Security

Filing 41

ORDER REMANDING ACTION for Further Proceedings, signed by Magistrate Judge Barbara A. McAuliffe on 7/30/2018: The Clerk of Court is DIRECTED to close this action. ( CASE CLOSED)(Hellings, J)

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1 2 UNITED STATES DISTRICT COURT 3 EASTERN DISTRICT OF CALIFORNIA 4 5 LUIS DEMELO, 6 Plaintiff, 7 8 9 v. Case No. 1:13-cv-1247-BAM ORDER REMANDING ACTION FOR FURTHER PROCEEDINGS NANCY A. BERRYHILL, Acting Commissioner of Social Security,1 Defendant. 10 11 12 On March 24, 2015, this Court granted Plaintiff Luis Demelo’s appeal from the administrative 13 decision of the Commissioner of Social Security. (ECF No. 32). On May 16, 2015, Plaintiff 14 appealed this court’s order remanding the case for further proceedings. (ECF No. 34). On June 30, 15 2017, the Ninth Circuit Court of Appeals affirmed this court’s decision to remand this action to the 16 Commissioner for further administrative proceedings. (ECF Nos. 38, 39). The mandate of the 17 United States Court of Appeals for the Ninth Circuit issued on August 18, 2017. (ECF No. 40). Accordingly, this action is REMANDED to the Commissioner for further proceedings 18 19 consistent with the Ninth Circuit’s Order. The Clerk of Court is DIRECTED to close this action. 20 21 22 IT IS SO ORDERED. Dated: /s/ Barbara July 30, 2018 A. McAuliffe UNITED STATES MAGISTRATE JUDGE 23 24 25 26 27 28 1 Nancy A. Berryhill is now the Acting Commissioner of Social Security. Pursuant to Rule 25(d) of the Federal Rules of Civil Procedure, Nancy A. Berryhill is substituted for Carolyn W. Colvin as the defendant in this action. 1

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