(SS) Furney v. Social Security, No. 2:2002cv01839 - Document 11 (E.D. Cal. 2009)
Court Description: FINDINGS AND RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 10/22/09, RECOMMENDING that the Clerk be directed to enter judgment in pltf's favor. Motion for Judgment referred to Judge Burrell. Within ten days after being served with these f&r's, any party may file written objections with the court and serve a copy on all parties. (Kastilahn, A)
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(SS) Furney v. Social Security Doc. 11 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DEBRA FURNEY, Plaintiff, 11 12 13 No. CIV S-02-1839 GEB EFB vs. MICHAEL J. ASTRUE, Commissioner of Social Security, FINDINGS AND RECOMMENDATIONS 14 Defendant. 15 16 17 18 / Defendant Commissioner of Social Security moves for entry of final judgment in plaintiff’s favor, following the Commissioner’s decision on remand. On April 3, 2003, this Court entered an order approving the parties’ stipulation to remand 19 this case pursuant to 42 U.S.C. § 405(g), sentence six, in order to identify all pertinent records 20 and re-evaluate plaintiff’s disability claim. Dckt. No. 8. On remand, the Commissioner issued a 21 decision dated August 22, 2005, fully favorable to plaintiff. See id., Exhibit 1. On June 24, 22 2009, the Commissioner filed the instant motion. Dckt. No. 9. 23 The Supreme Court has held that a district court retains jurisdiction over Social Security 24 cases remanded pursuant to 42 U.S.C. § 405(g), sentence six. Upon completion of the 25 administrative proceedings on remand, the Commissioner is required to return to court and file 26 the new administrative decision, so that the court may enter final judgment and thus terminate 1 Dockets.Justia.com 1 the matter. See Melkonyan v. Sullivan, 501 U.S. 89 (1991); Shalala v. Schaefer, 509 U.S. 292 2 (1993). The Commissioner has complied with these procedures. 3 4 Accordingly, IT IS HEREBY RECOMMENDED that the Clerk of Court be directed to enter judgment in plaintiff’s favor. 5 These findings and recommendations are submitted to the United States District Judge 6 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within ten days after 7 being served with these findings and recommendations, any party may file written objections 8 with the court and serve a copy on all parties. Such a document should be captioned “Objections 9 to Magistrate Judge’s Findings and Recommendations.” Failure to file objections within the 10 specified time may waive the right to appeal the District Court’s order. Turner v. Duncan, 158 11 F.3d 449, 455 (9th Cir. 1998); Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 12 DATED: October 22, 2009. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2
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