Presley v. Colvin
Filing
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ORDER REMANDING CASE.. Signed by Judge James Donato on 11/18/15. (lrcS, COURT STAFF) (Filed on 11/19/2015)
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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MELANIE CAROL PRESLEY,
Case No. 14-cv-01814-JD
Plaintiff,
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v.
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CAROLYN W. COLVIN,
Defendant.
ORDER REMANDING CASE TO
SOCIAL SECURITY
ADMINISTRATION
Re: Dkt. No. 29
United States District Court
Northern District of California
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In this social security appeal, plaintiff Melanie C. Presley filed on June 27, 2015, a notice
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that she was appealing the Court’s May 18, 2015 order granting summary judgment for defendant
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to the Ninth Circuit Court of Appeals. Dkt. No. 26; see Ninth Circuit Court of Appeals Case
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No. 15-16337.
On November 17, 2015, the Ninth Circuit issued an order in that case granting “[t]he
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parties’ joint motion for a full remand pursuant to sentence four of 42 U.S.C. § 405(g).” Dkt.
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No. 29.
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Pursuant to that order, the Court now remands this case to the Commissioner of the Social
Security Administration for a de novo hearing.
The Clerk is requested to enter final judgment in favor of plaintiff and against defendant,
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and to close the case. See Shalala v. Schaefer, 509 U.S. 292, 302 (1993) (“A sentence-four
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remand . . . is a judgment for the plaintiff.”).
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IT IS SO ORDERED.
Dated: November 18, 2015
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________________________
JAMES DONATO
United States District Judge
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