POHL v. COLVIN

Filing 43

ENTRY DENYING PETITION FOR IMMEDIATE INTERLOCUTORY RULING. The Court lacks jurisdiction to consider the issues raised in the plaintiff's 42 petition for immediate interlocutory ruling, and therefore, that petition/motion must be DENIED. (SEE ORDER FOR MORE INFORMATION). Signed by Judge Jane Magnus-Stinson on 12/19/2014. Copy sent to plaintiff via U.S. Mail. (BGT)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
INDIANAPOLIS DIVISION
MICHAEL G. POHL,
Plaintiff,
vs.
CAROLYN W. COLVIN, Acting
Commissioner of the Social Security
Administration,
Defendant.

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No. 1:13-cv-00616-JMS-MJD

Entry Denying Petition for Immediate Interlocutory Ruling
On March 19, 2014, this action was remanded to the Social Security Administration
pursuant to sentence four of 42 U.S.C. § 405(g). On November 19, 2014, the plaintiff filed a
petition for immediate interlocutory ruling [dkt. 42] in which he requests that the Court rule on a
couple of his concerns.
Under sentence four, the Court may remand for further proceedings by issuing “a judgment
affirming, modifying, or reversing” the Commissioner’s decision. 42 U.S.C. § 405(g). “When a
‘sentence four’ remand is entered the case is over in the district court….” Richmond v. Chater, 94
F.3d 263, 268 (7th Cir. 1996). This Court now lacks jurisdiction over this case. See Shalala v.
Schaefer, 509 U.S. 292, 299-300 (1993); Smith v. Halter, 246 F3d. 1120, 1122 (8th Cir. 2001) (“A
district court may not retain jurisdiction over a case remanded to the Commissioner pursuant to
sentence four of § 405(g)”).

The Court lacks jurisdiction to consider the issues raised in the plaintiff’s petition for
immediate interlocutory ruling, and therefore, that petition/motion [dkt. 42] must be denied.
IT IS SO ORDERED.

December 19, 2014
Date: __________________

Distribution:
Electronically registered counsel
Michael G. Pohl
11080 Innisbrooke Lane
Fishers, IN 46037

_______________________________
Hon. Jane Magnus-Stinson, Judge
United States District Court
Southern District of Indiana