Manning v. Commissioner of Social Security

Filing 35

ORDER signed by Magistrate Judge Dennis M. Cota on 6/3/20 ORDERING that Pursuant to the Ninth Circuit's instruction, this matter is hereby remanded back to the agency pursuant to sentence four of 42 U.S.C. § 405(g) for further proceedings consistent with the parties' stipulation filed in the appellate court. The Clerk of the Court is directed to enter judgment and close this file. (Kaminski, H)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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BYRON MANNING,

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Plaintiff,

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No. 2:16-CV-1458-DMC

v.

ORDER

COMMISSIONER OF SOCIAL
SECURITY,
Defendant.

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Plaintiff, who is proceeding with retained counsel, brought this action for judicial

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review of a final decision of the Commissioner of Social Security under 42 U.S.C. § 405(g).

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Final judgment was entered on November 2, 2018, and plaintiff appealed. Pursuant to the parties’

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stipulation, the Ninth Circuit Court of Appeals vacated this Court’s final judgment and remanded

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with instruction to remand the matter back to the agency pursuant to sentence four of 42 U.S.C.

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§ 405(g). The Ninth Circuit’s mandate issued on September 23, 2019.

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Accordingly, IT IS HEREBY ORDERED that:

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Pursuant to the Ninth Circuit’s instruction, this matter is hereby remanded

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back to the agency pursuant to sentence four of 42 U.S.C. § 405(g) for further proceedings

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consistent with the parties’ stipulation filed in the appellate court; and

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2.

The Clerk of the Court is directed to enter judgment and close this file.

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Dated: June 3, 2020
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DENNIS M. COTA
UNITED STATES MAGISTRATE JUDGE

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