Fort v. Astrue

Filing 14

JUDGMENT: It is ORDERED as follows: (1) Defendant Michael J. Astrue's 12 Unopposed motion to reverse and remand is granted. (2) Judgment is entered in favor of plaintiff Samuel L. Fort and against defendant Astrue. (3) The decision of defendan t Astrue is reversed and this case is remanded to him pursuant to sentence four of 42 U.S.C. 405(g). (4) The entry of this judgment shall begin the appeal period which determines its 30-day period during which a timely application for attorney's fees may be made under the Equal Access to Justice Act. It is further ORDERED that costs are taxed against defendant Astrue, for which execution may issue. The clerk of the court is DIRECTED to enter this document on the civil docket as a final judgment pursuant to FRCP 58.Signed by Honorable Myron H. Thompson on 10/16/2009. (Attachments: #(1) Civil Appeals Checklist) Copy mailed to Waxman and Thigpen. (dmn)

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA, EASTERN DIVISION

SAMUEL L. FORT, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant.

) ) ) ) ) ) ) ) ) ) ) JUDGMENT

CIVIL ACTION NO. 3:09cv281-MHT (WO)

After an independent review of the record, it is ORDERED as follows: (1) Defendant Michael J. Astrue's unopposed motion to reverse and remand (Doc. No. 12) is granted. (2) Judgment is entered in favor of plaintiff Samuel L. Fort and against defendant Astrue. (3) The decision of defendant Astrue is reversed and this case is remanded to him pursuant to

sentence four of 42 U.S.C. § 405(g).

(4) The

entry

of

this

judgment

shall

begin

the

appeal period which determines its 30-day period during which a timely application for attorney's fees may be made under the Equal Access to Justice Act. It is further ORDERED that costs are taxed against defendant Astrue, for which execution may issue. The clerk of the court is DIRECTED to enter this document on the civil docket as a final judgment pursuant to Rule 58 of the Federal Rules of Civil Procedure. DONE, this the 16th day of October, 2009.

/s/ Myron H. Thompson UNITED STATES DISTRICT JUDGE