Armstrong v. Commissioner of Social Security

Filing 14

MEMORANDUM OF DECISION AND ORDER that the 13 Memorandum and Recommendations is ACCEPTED, and the decision of the Commissioner is hereby REMANDED for further administrative proceedings pursuant to sentence four of 42 U.S.C. § 405(g). Signed by Chief Judge Martin Reidinger on 2/5/2024. (ejb)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
CIVIL CASE NO. 3:23-cv-00124-MR-WCM
AVEONTAY ARMSTRONG,

)
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Plaintiff,
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vs.
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)
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MARTIN O’MALLEY,
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Commissioner of Social Security,
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)
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Defendant.
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_______________________________ )

MEMORANDUM OF
DECISION AND ORDER

THIS MATTER is before the Court on the parties’ briefs [Docs. 7, 11]
and the Magistrate Judge’s Memorandum and Recommendation [Doc. 13]
regarding the disposition of this matter.
Pursuant to 28 U.S.C. § 636(b) and the standing Orders of Designation
of this Court, the Honorable W. Carleton Metcalf, United States Magistrate
Judge, was designated to consider the briefs filed in the above-captioned
action and to submit to this Court a recommendation for the disposition of
this matter.

Martin O’Malley became the Commissioner of Social Security on December 20, 2023.
Pursuant to Rule 25(d) of the Federal Rules of Civil Procedure, Martin O’Malley is hereby
substituted as the defendant in this action.
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On January 4, 2024, the Magistrate Judge entered a Memorandum
and Recommendation [Doc. 13] in this case containing proposed findings of
fact and conclusions of law in support of a recommendation regarding the
disposition of this matter. The parties were advised that any objections to
the Magistrate Judge’s Memorandum and Recommendation were to be filed
in writing within fourteen (14) days of service. The period within which to file
objections has expired, and no written objections to the Memorandum and
Recommendation have been filed.
After careful review of the Magistrate Judge's Memorandum and
Recommendation [Doc. 13], the Court finds that the proposed conclusions
of law are consistent with current case law. Accordingly, the Court hereby
accepts the Magistrate Judge’s recommendations.
IT IS, THEREFORE, ORDERED that the Memorandum and
Recommendation [Doc. 13] is ACCEPTED, and the decision of the
Commissioner is hereby REMANDED for further administrative proceedings
pursuant to sentence four of 42 U.S.C. § 405(g).
IT IS SO ORDERED.

Signed: February 5, 2024

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