Case 2:22-cv-06123-GW-PVC Document 14 Filed 12/02/22 Page 1 of 2 Page ID #:53

1 E. MARTIN ESTRADA 2 United States Attorney JS-6

DAVID M. HARRIS

3 Assistant United States Attorney 4 Chief, Civil Division

CEDINA M. KIM

5 Assistant United States Attorney 6 Senior Trial Attorney, Civil Division

SUSAN L. SMITH, CA STATE BAR NO.: 253808

7 Special Assistant United States Attorney 8 Social Security Administration 160 Spear Street, Suite 800 9 San Francisco, California 94105 10 Tel: (510) 970-4857 Fax: (415) 744-0134 11 E-mail: Susan.L.Smith@ssa.gov 12 Attorneys for Defendant 13

UNITED STATES DISTRICT COURT

14

CENTRAL DISTRICT OF CALIFORNIA

15 WESTERN DIVISION 16 JASON ERIK LUND, No. 2:22-cv-06123-GW-PVC 17 18 Plaintiff, JUDGMENT OF REMAND v. 19

KILOLO KIJAKAZI,

20 Acting Commissioner of Social 21 Security, 22 Defendant. 23

24 25 26 27 28 Case, 2:22-cv-06123-GW-PVC Document 14 Filed 12/02/22 Page 2of2 Page ID #:54

1 The Court having approved the parties’ Stipulation to Remand for Further 2 | Proceedings Pursuant to Sentence Four of 42.U.S.C. § 405(g) and for Entry of 3 | Judgment in Favor of Plaintiff (“Stipulation to Remand”) lodged concurrent with 4 | the lodging of the within Judgment of Remand, IT IS HEREBY ORDERED, 5 | ADJUDGED AND DECREED that the above-captioned action is remanded to the 6 | Commissioner of Social Security for further proceedings consistent with the 7 | Stipulation to Remand.! | . 8 DATED: December 2, 2022 fi 10 UNITED STATES MAGISTRATE JUDGE 1] 12 13 14 15 16 17 18 19 20 21 22 23 | | In Bastidas v. Chappell, 791 F.3d 1155 (9th Cir. 2015), the Ninth Circuit held that 24 | the magistrate judge had the authority to grant Petitioner’s request to dismiss two 5 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 26 | asked.” Id. at 1165. While Bastidas is not entirely on point, the stipulation for 7 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 28 | undue prejudice to any party, the Court grants the request.