Dudley v. Colvin

Filing 21

ORDER granting the defendant's 20 Motion to Remand to to the Commissioner. The court remands this matter to the Commissioner pursuant to sentence four of 42 U.S.C. § 405(g) for further proceedings. Signed by Magistrate Judge Kimberly A. Swank on 5/30/2017. (Foell, S.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
SOUTHERN DIVISION
Civ. No. 7:16-cv-00403-KS
JIMMY EARL DUDLEY,
Plaintiff,
v.
NANCY A. BERRYHILL,
Acting Commissioner of Social Security,
Defendant.

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ORDER

This matter is before the Court on Plaintiff’s Motion for Judgment on the Pleadings and
Defendant’s Motion for Remand to the Commissioner. Plaintiff, through counsel, consents to
Defendant’s Motion for Remand to the Commissioner.
For good cause shown, the Court hereby reverses the Commissioner’s decision under
sentence four of 42 U.S.C. § 405(g) and remands the case to the Commissioner for further
proceedings. See Shalala v. Schaefer, 509 U.S. 292 (1993); Melkonyan v. Sullivan, 501 U.S. 89
(1991).
The Clerk of Court is directed to enter a separate judgment pursuant to Rule 58 of the
Federal Rules of Civil Procedure.
SO ORDERED this 30th day of May 2017.

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KIMBERLY A. SWANK
United States Magistrate Judge