Hairston v. Colvin, No. 1:2013cv22178 - Document 15 (S.D.W. Va. 2014)

Court Description: MEMORANDUM OPINION AND ORDER: VACATING the referral to Magistrate Judge Eifert and GRANTING the Defendant's 14 UNCONTESTED MOTION to Remand To Commissioner of Social Security; the final decision of the Commissioner is REVERSED or VACATED; the case is REMANDED to the Commissioner pursuant to the fourth sentence of 42 U.S.C. Section 405(g) for further proceedings as outlined in the motion to remand, and the Clerk is directed to remove this case from the court's active docket. Signed by Judge David A. Faber on 2/6/2014. (cc: counsel of record and Magistrate Judge Eifert) (mjp)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA AT BLUEFIELD CLAYTON GERROD HAIRSTON, Plaintiff, v. CIVIL ACTION NO. 1:13-22178 CAROLYN W. COLVIN, Acting Commissioner of Social Security, Defendant. MEMORANDUM OPINION AND ORDER By Standing Order, this action was referred to United States Magistrate Judge Cheryl A. Eifert for submission of findings and recommendation regarding disposition pursuant to 28 U.S.C. § 636(b)(1)(B). Before Magistrate Judge Eifert could submit her Findings and Recommendation to the court, defendant filed an uncontested 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 unopposed motion to remand. Given that defendant s motion to remand is uncontested, the court hereby VACATES the referral to Magistrate Judge Eifert and orders as follows: 1. Defendant s Motion to Remand is GRANTED; 2. The final decision of the Commissioner is REVERSED or VACATED; 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 Eifert. IT IS SO ORDERED this 6th of February, 2014. ENTER: David A. Faber Senior United States District Judge 2

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