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Pohl v. Colvin

United States District Court, Southern District of Indiana, Indianapolis Division

December 19, 2014

MICHAEL G. POHL, Plaintiff,
v.
CAROLYN W. COLVIN, Acting Commissioner of the Social Security Administration, Defendant.

ENTRY DENYING PETITION FOR IMMEDIATE INTERLOCUTORY RULING

Jane Magnus-Stinson, Judge United States District Court

On March 19, 2014, this action was remanded to the Social Security Administration pursuant to sentence four of 42 U.S.C. § 405(g). On November 19, 2014, the plaintiff filed a petition for immediate interlocutory ruling [dkt. 42] in which he requests that the Court rule on a couple of his concerns.

Under sentence four, the Court may remand for further proceedings by issuing “a judgment affirming, modifying, or reversing” the Commissioner’s decision. 42 U.S.C. § 405(g). “When a ‘sentence four’ remand is entered the case is over in the district court….” Richmond v. Chater, 94 F.3d 263, 268 (7th Cir. 1996). This Court now lacks jurisdiction over this case. See Shalala v. Schaefer, 509 U.S. 292, 299-300 (1993); Smith v. Halter, 246 F.3d. 1120, 1122 (8th Cir. 2001) (“A district court may not retain jurisdiction over a case remanded to the Commissioner pursuant to sentence four of § 405(g)”).

The Court lacks jurisdiction to consider the issues raised in the plaintiffs petition for immediate interlocutory ruling, and therefore, that petition/motion [dkt. 42] must be denied.

IT IS SO ORDERED.


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