Marks v. Colvin

Filing 21

ORDER GRANTING 19 Defendant's Motion to Remand. Signed by US District Judge Terrence W. Boyle on 8/8/2014. (Fisher, M.)

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA EASTERN DNISION No. 4:14 CV 4-BO JAMES MARKS Plaintiff, v. CAROLYN W. COLVIN, Acting Commissioner of Social Security, Defendant. ) ) ORDER ) ) ) ) ) ) ) ) Pursuant to the power of this Court to enter a judgment affirming, modifying or reversing the Commissioner's decision with remand in Social Security actions under sentence four of section 205(g) and 1631(c)(3) ofthe Social Security Act, 42 U.S.C. § 405(g) and§ 1383(c)(3), and in light of the government's request to remand this action for further administrative proceedings, the Court hereby reverses the Commissioner's decision under sentence four of 42 U.S.C. § 405(g) and§ 1383(c)(3) with a remand ofthe cause to the Commissioner for further proceedings. See Melkonyan v. Sullivan, 501 U.S. 89, 111 S. Ct. 2157, 115 L. Ed.2d 78 (1991) and Shalala v. Schaefer, 509 U.S. 292, 113 S. Ct. 2625, 125 L. Ed.2d 293 (1993). The clerk of the court will enter a separate judgment pursuant to Rule 58 of the Federal Rules of Civil Procedure. Jl.,t..J'" SO ORDERED this-! day o~0-14

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