Jessica Renee Miller v. Martin J. O Malley ( 2024 )

JS-6 2 4 6 UNITED STATES DISTRICT COURT 7 CENTRAL DISTRICT OF CALIFORNIA 9 JESSICA RENEE MILLER, ) Case No. 8:24-cv-01576-PA-PVC ) 10 Plaintiff, ) | ) JUDGMENT VS. ) 12 ) 13 MARTIN O’MALLEY, ) Commissioner of Social Security, ) 14 ) 15 Defendant. ) 16 7 The Court hereby approves the parties’ Stipulation to Voluntary Remand 18 Pursuant to Sentence Four of 42 U.S.C. § 405(g) and to Entry of Judgment 19 ||CStipulation to Remand”) lodged with this Judgment of Remand, IT IS 909 || HEREBY ORDERED, ADJUDGED AND DECREED that the above-captioned 21 || action is remanded to the Commissioner of Social Security for further proceedings 22 consistent with the Stipulation to Remand.! . 23 fu Nit 24 DATED: November 15, 2024 HON. PEDRO V. CASTILLO 25 UNITED STATES MAGISTRATE JUDGE 26 27 |j —__ SSS 'In Bastidas vy. Chappell, 791 F.3d 1155 (9th Cir. 2015), the Ninth Circuit held that the magistrate judge had the 28 authority to grant the petitioner’s request to dismiss two unexhausted claims in his habeas petition without the approval of a district judge, as the magistrate judge’s order was simply “doing what [the] habeas petitioner has asked.” /d. at 1165. While Bastidas is not entirely on point, the stipulation for remand and entry of judgment here is jointly made by the parties, without any compulsion from the magistrate judge. Because there appears to be no danger of undue prejudice to any party, the Court grants the request.