Banks v. Colvin

Filing 23

ORDER granting 22 Defendant's Unopposed Motion To Remand. This matter is remanded to the Commissioner for further administrative proceedings. By Judge Robert E. Blackburn on 12/12/16. (kfinn)

Download PDF
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Robert E. Blackburn Civil Action No. 16-cv-01665-REB STEVEN D. BANKS, Plaintiff, v. CAROLYN W. COLVIN, Acting Commissioner of Social Security, Defendant. ORDER FOR JUDGMENT AND REMAND Blackburn, J. The matter before me is Defendant’s Unopposed Motion To Remand [#22],1 filed December 9, 2016. By this motion, defendant requests the court remand this matter for further administrative proceedings under sentence four of 42 U.S.C. § 405(g). Having reviewed the motion and the file, and being apprised of the premises, the court finds and concludes that the motion is well-taken and should be granted. THEREFORE, IT IS ORDERED as follows: 1. That Defendant’s Unopposed Motion To Remand [#22], filed December 9, 2016, is granted, 2. That the conclusion of the Commissioner through the Administrative Law Judge that plaintiff was not disabled is reversed; 1 “[#22]” is an example of the convention I use to identify the docket number assigned to a specific paper by the court’s case management and electronic case filing system (CM/ECF). I use this convention throughout this order. 3. That this matter is remanded to the Commissioner for further administrative proceedings pursuant to sentence four of 42 U.S.C. § 405(g); 4. That judgment shall enter in favor of plaintiff and against defendant in accordance with Fed. R. Civ. P. 58 and consistent with the United States Supreme Court's decision in Shalala v. Schaefer, 509 U.S. 292, 296-302, 113 S.Ct. 2625, 262832, 125 L.Ed.2d 239 (1993); and 5. That plaintiff is awarded his costs, to be taxed by the clerk of the court pursuant to Fed. R. Civ. P. 54(d)(1) and D.C.COLO.LCivR 54.1 and 28 U.S.C. § 2412(a)(1). Dated December 12, 2016, at Denver, Colorado. BY THE COURT: 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?