Houser v. Halter
Filing
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MEMORANDUM OPINION. Signed by Honorable Mark E. Ford on June 23, 2016. (hnc)
IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
FORT SMITH DIVISION
JAMES C. HOUSER
v.
PLAINTIFF
CIVIL NO. 2:01-cv-02059-MEF
CAROLYN COLVIN, Commissioner
Social Security Administration
DEFENDANT
MEMORANDUM OPINION
Plaintiff, James C. Houser, brought this action pursuant to 42 U.S.C. § 405(g) seeking
judicial review of a decision of the Commissioner of Social Security (Commissioner). On July 18,
2001, this Court remanded the matter at the Defendant’s request, pursuant to sentence six of 42
U.S.C. § 405(g), to allow for reconstruction of the record. ECF No. 13.
Sentence six of section 405(g) provides:
The court may, on motion of the [Commissioner] made for good cause shown
before he files his answer, remand the case to the [Commissioner] for further action
by the [Commissioner] . . . and the [Commissioner] shall, after the case is
remanded, and after hearing such additional evidence if so ordered, modify or
affirm his findings of fact or his decision, or both, and shall file with the court any
such additional and modified findings of fact and decision, and a transcript of the
additional record and testimony upon which his action in modifying or affirming
was based.
According to agency records, in 2005, the Agency affirmed the Commissioner’s
unfavorable decision. Because the Court retains jurisdiction over cases remanded pursuant to
sentence six, the Commissioner now requests that this Court reinstate and dismiss the case. See
Sullivan v. Finkelstein, 496 U.S. 617, 625-630 (1990) (holding that Court retains jurisdiction in
sentence six cases). The Commissioner also asserts that counsel for the Plaintiff has indicated that
the Plaintiff does not oppose said motion.
Accordingly, the Commissioner’s Motion to Reinstate and Dismiss is hereby GRANTED.
The Clerk of Court is directed to reinstate the case and dismiss the Plaintiff’s Complaint with
prejudice.
DATED this 23rd day of June, 2016
/s/ Mark E. Ford
HONORABLE MARK E. FORD
UNITED STATES MAGISTRATE JUDGE
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