Hamby v. Berryhill

Filing 14

ORDER granting 13 Motion to Remand to Social Security Administration pursuant to sentence four of 42 U.S.C. § 405(g). Signed by Chief Judge Frank D. Whitney on 2/12/2018. (tmg)

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UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NORTH CAROLINA STATESVILLE DIVISION DOCKET NO. 5:17-cv-00139-FDW TONY HAMBY, Plaintiff, vs. NANCY A. BERRYHILL, Commissioner of Social Security, Defendant. ) ) ) ) ) ) Acting ) ) ) ) ) ORDER THIS MATTER is before the Court on the Consent Motion to Remand (Doc. No. 13) filed by Defendant. Pursuant to the power of this Court to enter a judgment affirming, modifying, or reversing Defendant’s decision with remand in Social Security actions under sentence four of 42 U.S.C. § 405(g), and in light of Defendant’s motion, with Plaintiff’s consent, to remand this action for further administrative proceedings, the Court hereby remands this case to Defendant, pursuant to sentence four of 42 U.S.C. § 405(g), for further administrative proceedings. See Melkonyan v. Sullivan, 501 U.S. 89 (1991); Shalala v. Schaefer, 509 U.S. 292 (1993). IT IS THEREFORE ORDERED that the Consent Motion to Remand (Doc. No. 13) is GRANTED. All other pending motions are therefore TERMINATED AS MOOT. The clerk of the Court will enter a separate judgment pursuant to Rule 58 of the Federal Rules of Civil Procedure. IT IS SO ORDERED. Signed: February 12, 2018

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