(SS) Smith v. Commissioner of Social Security

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JASON BRIAN SMITH, No. 2:21-cv-0412 DB 12 Plaintiff, 13 v. ORDER 14 MARTIN O’MALLEY, Commissioner of Social Security,1 15 16 Defendant. 17 18 Pending before the court in this social security action is defendant’s motion to amend the 19 judgment pursuant to Rule 59 of the Federal Rules of Civil Procedure. (ECF No. 22.) For the 20 reasons explained below, defendant’s motion is denied. 21 PROCEDURAL BACKGROUND 22 Plaintiff commenced this action for judicial review pursuant to 42 U.S.C. § 405(g) on 23 March 8, 2021. (ECF. No. 1.) On August 17, 2022, plaintiff filed a motion for summary 24 judgment. (ECF No. 15.) On September 27, 2022, defendant filed a cross motion for summary

25 1 Martin O’Malley became the Commissioner of the Social Security Administration on December 20, 2023. See https://blog.ssa.gov/martin-j-omalley-sworn-in-as-commissioner-of-social- 26 security-administration/ (last visited by the court on February 21, 2024). …