Rodriguez v. Commissioner of Social Security
Filing
48
ORDER STRIKING PLAINTIFF'S PROOF OF EVIDENCE WITHOUT PREJUDICE. Signed by Judge Maxine M. Chesney on March 14, 2011. (mmclc1, COURT STAFF) (Filed on 3/14/2011)
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Rodriguez v. Commissioner of Social Security
Doc. 48
1 2 3 4 5 6 7 8 9 10 For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 The Court makes no finding as to whether the documents are in fact relevant to any particular issue.
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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA
DANIEL RODRIGUEZ, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner of the Social Security Administration, Defendant. /
No. C-09-2668 MMC ORDER STRIKING PLAINTIFF'S PROOF OF EVIDENCE WITHOUT PREJUDICE
United States District Court
By order filed December 6, 2010, the Court remanded the above-titled matter to the Commissioner of the Social Security Administration ("Commissioner') with directions to consider on remand "whether [plaintiff] is eligible [for SSI benefits] as an alien permanently residing in the United States under color of law." (See Order, filed December 6, 2010, 4:20-21.) Also on December 6, 2010, the Clerk entered judgment on the Court's order, which judgment concluded the proceedings in the district court. Thereafter, on March 9, 2011, plaintiff filed in the district court a "Proof of Evidence," which filing consists of several documents that, arguably, may bear on whether plaintiff is a permanent resident residing in the United States,1 which issue, as noted, is no longer
Dockets.Justia.com
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pending before this Court, but, rather, is before the Commissioner for further determination. Under the circumstances, the Proof of Evidence is hereby STRICKEN, without prejudice to plaintiff's submitting such evidence to the Commissioner, pursuant to the procedures applicable on remand before the Commissioner and/or any Administrative Law Judge to whom the Commissioner may refer the matter. IT IS SO ORDERED.
Dated: March 14, 2011 MAXINE M. CHESNEY United States District Judge
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