Prince v. Commissioner of Social Security

Filing 13

ORDER signed by Magistrate Judge Edmund F. Brennan on 04/12/17 ORDERING that that plaintiff shall file a motion for summary judgment within 14 days; The Commissioner's cross-motion for summary judgment shall be filed 45 days thereafter. (Benson, A)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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LISA PRINCE,

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Plaintiff,

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No. 2:16-cv-2404-EFB

v.

ORDER

NANCY A. BERRYHILL, Acting
Commissioner of Social Security,
Defendant.

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On March 9, 2017, plaintiff filed an opening brief and motion to remand, challenging the

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final decision of the Commissioner denying her applications for Disability Insurance Benefits and

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Supplemental Security Income under Titles II and XVI of the Social Security Act and requesting

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the matter be remanded to the administration for payment of benefits. ECF No. 11. Plaintiff,

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however, did not file a motion for summary judgment. Without plaintiff moving for summary

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judgment, the court is without authority to enter judgment in her favor should she successfully

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demonstrate that the Commissioner’s decision is not supported by substantial evidence or the

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proper legal standards were not applied.

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Accordingly, IT IS HEREBY ORDERED that plaintiff shall file a motion for summary

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judgment within 14 days of the date this order is served. The Commissioner’s cross-motion for

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summary judgment shall be filed 45 days thereafter.

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DATED: April 12, 2017.

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