Rivers v. Saul

Filing 18

ORDER ADOPTING 17 REPORT AND RECOMMENDATIONS re 16 Unopposed MOTION to Remand to Agency to Social Security Administration filed by Kilolo Kijakazi. It is ORDERED that Defendant's unopposed motion for remand under sentence four is GRANTED and that this action be REVERSED and REMANDED to the Social Security Administration for further administrative proceedings as set out. Signed by Chief Judge Kristi K. DuBose on 09/07/2021. (srd)

Case 2:20-cv-00605-KD-B Document 18 Filed 09/07/21 Page 1 of 1

PageID #: 552

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
NORTHERN DIVISION
JAMES RIVERS,
Plaintiff,

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v.
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KILOLO KIJAKAZI, Acting Commissioner of )
Social Security,
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Defendant.
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CIVIL ACTION 2:20-00605-KD-B

ORDER
After due and proper consideration of all portions of this file deemed relevant to the issues raised,
and there having been no objections filed, the Report and Recommendation of the Magistrate Judge made
under 28 U.S.C. § 636(b)(1)(B) and dated August 23, 2021, is ADOPTED as the opinion of this Court.
Accordingly, it is ORDERED that the Defendant’s unopposed motion for remand under sentence
four (Doc. 16) is GRANTED and this action is REVERSED and REMANDED to the Social Security
Administration for further administrative proceedings not inconsistent with the orders of this Court. See
Melkonyan v. Sullivan, 501 U.S. 89 (1991).
The remand pursuant to sentence four of Section 405(g) makes Plaintiff James Rivers a prevailing
party for purposes of the Equal Access to Justice Act, 28 U.S.C. § 2412, see Shalala v. Schaefer, 509 U.S.
292 (1993), and terminates the Court’s jurisdiction over this matter.
DONE and ORDERED this the 7th day of September 2021.
/s/ Kristi K. DuBose
KRISTI K. DuBOSE
CHIEF UNITED STATES DISTRICT JUDGE