BUIS v. COLVIN

Filing 63

ORDER granting Commissioner's 53 Motion for Entry of Judgment. Signed by Judge Richard L. Young on 10/15/2015. (TMD)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
INDIANAPOLIS DIVISION

RICHARD D. BUIS,

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Plaintiff,
vs.
CAROLYN W. COLVIN, Acting
Commissioner of the Social Security,
Defendant.

1:13-cv-00878-RLY-MJD

ENTRY ON THE COMMISSIONER’S MOTION FOR ENTRY OF JUDGMENT
On February 11, 2015, the court issued an Entry Adopting in part and Rejecting in
Part the Magistrate Judge’s Report and Recommendation, and ordered that the matter be
remanded to the Administrative Law Judge to consider and evaluate the opinions of Dr.
Harry Staley, the credibility of Plaintiff, and whether Plaintiff meets the requirements of
Listing 14.09B. On the same day, the court issued an Order Remanding Action, stating:
Consistent with the determination made this day, the action must be
remanded for the Administrative Law Judge to consider and evaluate the
opinions of Dr. Harry Staley, the credibility of Plaintiff, and whether Plaintiff
meets the requirements of Listing 14.09B.
IT IS THEREFORE ORDERED that the action is remanded to the
Administrate Law Judge.
(Filing No. 43).
On June 9, 2015, the Commissioner filed the present motion which contends that
the Order Remanding Action is not a final judgment, and requests that the court enter
judgment in a separate document. Melkonyan v. Sullivan, 501 U.S. 89, 101-02 (1991)
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(“[R]emand orders must . . . accompany a final judgment affirming, modifying or
reversing the administrative decision in accordance with sentence four [of 42 U.S.C. §
405(g)] . . .”). The court agrees. Therefore, the court GRANTS the Commissioner’s
motion (Filing No. 53). Judgment shall issue in a separate document.

SO ORDERED this 15th day of October 2015.
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RICHARD L. YOUNG, CHIEF JUDGE
United States District Court
Southern District of Indiana

Distributed Electronically to Registered Counsel of Record.

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