Shockency v. Commissioner of Social Security

Filing 14

ORDER signed by Magistrate Judge Edmund F. Brennan on 4/16/2018 DIRECTING plaintiff to file a motion for summary judgment within 7 days of the date this order is served. The Commissioner's cross-motion for summary judgment shall be filed 45 days thereafter. (York, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JASIAH CHANDLER SHOCKENCY,

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Plaintiff,

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No. 2:17-cv-2427-EFB

v.

ORDER

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

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On April 12, 2018, plaintiff filed a brief in support of remand, challenging the final

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

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Title XVI of the Social Security Act. ECF No. 13. Plaintiff requests judgment be entered in his

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favor and the matter be remanded for further administrative proceedings. ECF No. 13 at 26.

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

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summary judgment, the court is without authority to enter judgment in his favor should he

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

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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: April 16, 2018.

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