(SS) Sanders v. Commissioner of Social Security

Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

RONNIE SANDERS, Case No. 1:18-cv-01388-CDB (SS)

Plaintiff, ORDER ON STIPULATION REOPENING ACTION v.

COMMISSIONER OF SOCIAL SECURITY, (Doc. 9)

Defendant.

By stipulation of the parties, the Court remanded this action on February 22, 2019, pursuant to sentence six of 42 U.S.C. § 405(g), to the Commissioner for further administrative action. (Docs. 7-8). On January 10, 2023, the parties filed a stipulation to reopen. (Doc. 10). “[S]entence six remands do not constitute final judgments.” Akopyan v. Barnhart, 296 F.3d 852, 855 (9th Cir. 2022). Therefore, in a sentence-six remand case, the Court retains jurisdiction following remand. Melkonyan v. Sullivan, 501 U.S. 89, 98-99 (1991). The Commissioner is to return to the court following completion of the administrative proceedings on remand so that the court may enter a final judgment. Id.; see also Davis v. Astrue, No. 1:08- cv-00525-JLT, 2011 WL 4620954, *1 (E.D. Cal. Oct. 4, 2011) (reopening action following voluntary remand to permit resolution of the case). Therefore, it is appropriate to reopen this action. / / / Accordingly, it is HEREBY ORDERED: 1. The action is reopened; 2. Defendant shall file an answer and certified administrative record within 90 days of this order. Dated: _January 20, 2023 _ [nr DR~ UNITED STATES MAGISTRATE JUDGE