Russo v. Commissioner of Social Security

Filing 14

ORDER signed by Magistrate Judge Edmund F. Brennan on 2/28/2018 ORDERING Plaintiff to file a Motion for Summary Judgment within 7 days of the date this order is served. The Commissioner's Cross-Motion for MSJ is due 45 days thereafter. (Fabillaran, J)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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CYNTHIA MARIE RUSSO,

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No. 2:17-cv-1957-EFB

Plaintiff,
v.

ORDER

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

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On February 23, 2018, plaintiff filed a brief in support of remand, challenging the final

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decision of the Commissioner denying her application for Supplemental Security Income under

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Title XVI of the Social Security Act and requesting the matter be remanded to the Administration

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for further proceedings. ECF No. 13. Plaintiff, however, did not file a motion for summary

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judgment. Without plaintiff moving for summary judgment, the court is without authority to

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enter judgment in her favor should she successfully demonstrate that the Commissioner’s

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decision is not supported by substantial evidence or the 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 7 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: February 28, 2018.

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