Samoy v. Commissioner of Social Security
Filing
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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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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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TERESA SAMOY,
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No. 2:18-cv-538-EFB
Plaintiff,
v.
ORDER
NANCY A. BERRYHILL, Acting
Commissioner of Social Security,
Defendant.
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On August 10, 2018, plaintiff filed a brief challenging the final decision of the
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Commissioner denying her application for Supplemental Security Income under XVI of the
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Social Security Act. ECF No. 14. Plaintiff requests the matter be remanded for further
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administrative proceedings. Id. at 5. 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: August 13, 2018.
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