Samoy v. Commissioner of Social Security

Filing 15

ORDER signed by Magistrate Judge Edmund F. Brennan on 8/13/2018 ORDERING that plaintiff shall 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. (Washington, S)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 10 TERESA SAMOY, 11 12 13 14 15 No. 2:18-cv-538-EFB Plaintiff, v. ORDER NANCY A. BERRYHILL, Acting Commissioner of Social Security, Defendant. 16 17 On August 10, 2018, plaintiff filed a brief challenging the final decision of the 18 Commissioner denying her application for Supplemental Security Income under XVI of the 19 Social Security Act. ECF No. 14. Plaintiff requests the matter be remanded for further 20 administrative proceedings. Id. at 5. Plaintiff, however, did not file a motion for summary 21 judgment. Without plaintiff moving for summary judgment, the court is without authority to 22 enter judgment in her favor should she successfully demonstrate that the Commissioner’s 23 decision is not supported by substantial evidence or the proper legal standards were not applied. 24 Accordingly, it is hereby ORDERED that plaintiff shall file a motion for summary 25 judgment within 7 days of the date this order is served. The Commissioner’s cross-motion for 26 summary judgment shall be filed 45 days thereafter. 27 DATED: August 13, 2018. 28

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