Coffey v. Social Security Administration Commissioner
MEMORANDUM OPINION. Signed by Honorable Barry A. Bryant on October 20, 2017. (mjm)
IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
FORT SMITH DIVISION
Civil No. 2:17-cv-02097
NANCY A. BERRYHILL,
Commissioner, Social Security Administration
On October 6, 2017, Defendant filed an Unopposed Motion to Remand. ECF No. 10.1 The motion
states Plaintiff has no objections. Id. The parties have consented to the jurisdiction of a magistrate judge
to conduct any and all proceedings in this case, including conducting the trial, ordering the entry of a final
judgment, and conducting all post-judgment proceedings. ECF No. 5. Pursuant to this authority, the Court
issues this memorandum opinion and orders the entry of a final judgment in this matter.
Defendant requests a remand so the Commissioner may conduct further administrative proceedings.
This Court finds this motion is well-taken and should be granted. The Commissioner’s decision is reversed,
and this matter is hereby remanded pursuant to sentence four of 42 U.S.C. § 405(g) for further proceedings.
In addition, the undersigned finds the Plaintiff’s Complaint should be and hereby is dismissed without
prejudice. Plaintiff may still, however, file a motion for attorney’s fees pursuant to the Equal Access to
Justice Act, 28 U.S.C. § 2412.
A judgment incorporating these findings will be entered pursuant to Federal Rules of Civil Procedure
52 and 58.
ENTERED this 20th day of October 2017.
/s/ Barry A. Bryant
HON. BARRY A. BRYANT
U.S. MAGISTRATE JUDGE
The docket numbers for this case are referenced by the designation “ECF No.” The transcript pages for
this case are referenced by the designation “Tr.”
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