Hale v. Berryhill
MEMORANDUM OPINION AND ORDER: Given the defendant's motion to remand is uncontested, the court hereby VACATES the referral to Magistrate Judge Aboulhosn and orders as follows: defendant's 19 MOTION to Remand is GRANTED; the final decision of the Commissioner is REVERSED; the case is REMANDED to the Commissioner for further proceedings; and the Clerk is directed to remove this case from the court's active docket. Signed by Senior Judge David A. Faber on 1/11/2018. (cc: counsel of record and Magistrate Judge Aboulhosn)(arb)
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA
CIVIL ACTION NO. 1:17-03856
NANCY A. BERRYHILL,
Acting Commissioner of Social Security,
MEMORANDUM OPINION AND ORDER
By Standing Order, this action was referred to United
States Magistrate Judge Omar J. Aboulhosn 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 consents to remand.
Given that defendant’s motion to remand is uncontested,
the court hereby VACATES the referral to Magistrate Judge
Aboulhosn and orders as follows:
Defendant’s Motion to Remand is GRANTED;
The final decision of the Commissioner is
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
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 Aboulhosn.
IT IS SO ORDERED this 11th of January, 2018.
David A. Faber
Senior United States District Judge
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