Boles v. Astrue

Filing 13

MEMORANDUM OPINION AND ORDER directing as follows: (1) the def's 9 motion to remand be and is hereby GRANTED; (2) the decision of the Commissioner be and is hereby REVERSED and this case be and is hereby REMANDED to the Commissioner pursuant t o sentence six of 42 U.S.C. § 405(g) for further proceedings; (3) directing the clerk to close this case pending a final decision by the Commissioner on remand; (4) Within 60 days of the final decision of the Comm of Soc Sec following remand, if the decision is adverse to the plf, the Comm shall file with the Clerk a motion to reopen and an answer, and shall serve on the plf a copy of the administrative record; (5) Within 60 days of the final decision of the Comm of Soc Sec following remand , if the decision is favorable to the plf, the Comm shall file with the Clerk a motion to reopen and a motion for entry of final judgment for the plf. Signed by Hon. Chief Judge Mark E. Fuller on 3/17/10. (Attachments: # 1 civil appeals checklist)(djy, )

Download PDF
IN THE UNITED STATES DISTRICT COURT F O R THE MIDDLE DISTRICT OF ALABAMA N O R T H E R N DIVISION L I N D A D. BOLES, P l a in tif f , v. M IC H A E L J. ASTRUE, C o m m is s io n e r of Social Security, D e f e n d a n t. ) ) ) ) ) ) ) ) ) ) C I V I L ACTION NO. 2:09cv1115-MEF (WO) M E M O R A N D U M OPINION AND ORDER O n March 15, 2010, the defendant filed a motion to remand pursuant to sentence six o f 42 U.S.C. 405(g). See Doc. # 9. The plaintiff does not object to the sentence six remand. A c c o rd in g ly, it is O R D E R E D as follows that: 1. 2. T h e defendant's motion to remand (doc. # 9) be and is hereby GRANTED. T h e decision of the Commissioner be and is hereby REVERSED and this case b e and is hereby REMANDED to the Commissioner pursuant to sentence six of 42 U.S.C. 4 0 5 (g ) for further proceedings. 3. T h e Clerk of the Court shall close this case pending a final decision by the C o m m is s io n e r on remand. 4. W i th in sixty (60) days of the final decision of the Commissioner of Social S e c u rity following remand, if the decision is adverse to the plaintiff, the Commissioner shall f ile with the Clerk of the Court a motion to reopen and an answer, and shall serve on the p la in tif f a copy of the administrative record. 5. W ith in sixty (60) days of the final decision of the Commissioner of Social S e c u rity following remand, if the decision is favorable to the plaintiff, the Commissioner shall f ile with the Clerk of the Court a motion to reopen and a motion for entry of final judgment f o r the plaintiff. D o n e this 17th day of March 2010. /s/ Mark E. Fuller CHIEF UNITED STATES DISTRICT JUDGE 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?