Clausell v. Astrue

Filing 23

JUDGMENT NUNC PRO TUNC, it is hereby ORDERED, ADJUDGED, AND DECREED that the decision of the Commissioner of Social Security denying claimant benefits be REVERSED and REMANDED. This Judgment is effective, nunc pro tunc, to August 8, 2012, the date of the afore-mentioned Order reversing and remanding the Commissioner's denial of benefits in this case. Signed by Magistrate Judge Sonja F. Bivins on 11/21/2012. (mab)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
JAMES C. CLAUSELL,
Plaintiff,

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vs.

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MICHAEL J. ASTRUE, Commissioner *
of Social Security,
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Defendant.
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CIVIL ACTION 11-00202-B

JUDGMENT NUNC PRO TUNC
In accordance with the Court’s Order entered on August 8, 2012
(Doc. 18), it is hereby ORDERED, ADJUDGED, AND DECREED that the
decision of the Commissioner of Social Security denying claimant
benefits be REVERSED and REMANDED.

This Judgment is effective, nunc

pro tunc, to August 8, 2012, the date of the afore-mentioned Order
reversing and remanding the Commissioner’s denial of benefits in this
case.1 (Doc. 18)

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The Court hereby corrects, nunc pro tunc, the inadvertent omission
of the entry of a Judgment in this action related to the Court’s Order
of August 8, 2012. (Doc. 18). Under Federal Rule of Civil Procedure
60(a), “[t]he court may correct a clerical mistake or a mistake
arising from oversight or omission whenever one is found in a
judgment, order, or other part of the record.” “The court may do
so on motion or on its own, with or without notice.” Id.; see also
Robinson v. Worthington, 544 F. Supp. 956, 960 (M.D. Ala. 1982)(“The
failure of this Court to properly construe the notice of dismissal
as a motion and the resulting omission from the record of an order
of dismissal or of an order effectuating the amendment is, in the
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DONE this 21st day of November, 2012.
/s/ Sonja F. Bivins
UNITED STATES MAGISTRATE JUDGE

opinion of this Court, an error in ‘the record . . . arising from
oversight or omission’ which may be corrected by the Court,” nunc
pro tunc, under Federal Rule of Civil Procedure 60(a)).
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