Lightner v. Berryhill

Filing 13

MEMORANDUM OPINION AND ORDER the court VACATES the referral to Magistrate Judge Tinsley; granting defendant's 12 MOTION to Remand Case to Commissioner of the Social Security Administration; the final decision of the Commissioner is REVERS ED; 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 this Clerk is directed to remove this case from the court's active docket. Signed by Judge David A. Faber on 8/31/2018. (cc: counsel of record; Magistrate Judge Tinsley) (taq)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA
AT CHARLESTON
WILLIAM KEVIN LIGHTNER,
Plaintiff,
v.

CIVIL ACTION NO. 2:18-00051

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 consents to remand.

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 31st of August, 2018.
ENTER:

David A. Faber
Senior United States District Judge

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