Goldstein v. Colvin

Filing 71

ORDER by Magistrate Judge Howard R. Lloyd re 67 68 69 Motion for Writ of Mandamus. Status Conference set for 3/21/2017 01:30 PM in Courtroom 2, 5th Floor, San Jose before Magistrate Judge Howard R. Lloyd. (hrllc2, COURT STAFF) (Filed on 3/8/2017)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 SAN JOSE DIVISION United States District Court Northern District of California 11 STEVEN MICHAEL GOLDSTEIN, 12 Plaintiff, 13 ORDER RE MOTION FOR WRIT OF MANDAMUS v. 14 NANCY A. BERRYHILL,1 15 Re: Dkt. Nos. 67, 68, 69 Defendants. 16 In this action, plaintiff appeals the Commissioner’s decision denying his claim for survivor 17 18 Case No.5:13-cv-03504-HRL benefits. The matter was remanded pursuant to 42 U.S.C. § 405(g), sentence six. 19 Plaintiff moves to amend his complaint to assert a claim for mandamus directing the 20 Commissioner to pay him the claimed survivor benefits, without any reductions. Additionally, he 21 seeks sanctions against defendant on the ground that the remand proceedings are not complete. 22 Insofar as plaintiff seeks mandamus on the ultimate issue of his claimed entitlement to benefits, 23 his motion is denied. It is not apparent that the question of plaintiff’s entitlement to benefits is a 24 matter falling within the Commissioner’s nondiscretionary duty, and § 405(g) is the exclusive 25 remedy available. Hironymous v. Bowen, 800 F.2d 888 (9th Cir. 1986). As for the status of the 26 remand proceedings, the extraordinary remedy of mandamus (or an amended pleading) is 27 1 28 Nancy A. Berryhill is automatically substituted for Carolyn Colvin as the defendant in this suit. Fed. R. Civ. P. 25(d). 1 unnecessary, inasmuch as plaintiff may seek (as he has done through the present motion) to 2 enforce what he believes was required under the court’s prior April 17, 2015 order. On this 3 record, it is unclear whether a finding of contempt or sanctions are warranted. The court sets a 4 status conference for March 21, 2017, 1:30 p.m. to discuss the matter. 5 SO ORDERED. 6 Dated: March 8, 2017 7 8 HOWARD R. LLOYD United States Magistrate Judge 9 10 United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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