Duncan v. Berryhill

Filing 19

MEMORANDUM OPINION AND ORDER: The court VACATES the referral to Magistrate Judge Dwane L. Tinsley and orders as follows: 1) Defendant's 18 MOTION to Remand is GRANTED; 2) the final decision of the Commissioner is REVERSED; 3) this case is REMANDED to the Commissioner for further proceedings; and 4) the Clerk is directed to remove this case from the court's active docket. Signed by Senior Judge David A. Faber on 12/7/2017. (cc: counsel of record and Magistrate Judge Tinsley) (arb)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA
AT BLUEFIELD
VERNON LEE DUNCAN,
Plaintiff,
v.

CIVIL ACTION NO. 1:17-00409

NANCY A. BERRYHILL,
Acting Commissioner of Social Security,
Defendant.
MEMORANDUM OPINION AND ORDER
By Standing Order, this action was referred to United
States Magistrate Judge Dwane L. Tinsley for submission of
findings and recommendation regarding disposition pursuant to 28
U.S.C. § 636(b)(1)(B).

Instead of filing a brief in support of

the Commissioner’s decision, defendant filed a motion to remand
this case to the Commissioner pursuant to sentence four of 42
U.S.C. § 405(g) for further proceedings as outlined in
defendant’s motion to remand.

Plaintiff did not respond to the

remand motion but has informed the court that he does not object
to the relief requested therein.
Given that defendant’s motion to remand is uncontested,
the court hereby VACATES the referral to Magistrate Judge Tinsley
and orders as follows:
1.

Defendant’s Motion to Remand is GRANTED;

2.

The final decision of the Commissioner is
REVERSED;

3.

The case is REMANDED to the Commissioner pursuant
to the fourth sentence of 42 U.S.C. § 405(g) for
further proceedings as outlined in the motion to
remand; and

4.

This Clerk is directed to remove this case from
the court’s active docket.

The Clerk is directed to forward a copy of this
Memorandum Opinion and Order to counsel of record and to
Magistrate Judge Tinsley.
IT IS SO ORDERED this 7th of December, 2017.
ENTER:

David A. Faber
Senior United States District Judge

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