Rainer v. Astrue (CONSENT), No. 2:2009cv00345 - Document 14 (M.D. Ala. 2009)
Court Description: MEMORANDUM OPINION AND ORDER directing as follows: (1) the defendant's 11 motion to remand be and is hereby GRANTED; (2) the decision of the Commissioner be and is hereby REVERSED and this case be and is hereby REMANDED to the Commissioner pur suant to sentence six of 42 USC 405(g) for further proceedings; (3) the clerk shall close this case pending a final decision by the Commissioner on remand; (4) within (60) days of the final decision of the Commissioner of Social Security following re mand, if the decision is adverse to the plf, the Commissioner shall file with the clerk a motion to reopen and an answer, and shall serve of the plf a copy of the administrative record; (5) within (60) days of the final decision of the Commissioner o f Social Security following remand, if the decision is favorable to the plf, the Commissioner shall file with the Clerk a motion to reopen and a motion for entry of final judgment for the plf. Signed by Honorable Charles S. Coody on 9/1/09. Certified copy also mailed to Chief Judge and Office of Hearings & Appeals.(djy, )
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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA NORTHERN DIVISION PATRICIA ANN RAINER, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant. ) ) ) ) ) ) ) ) ) ) CIVIL ACTION NO. 2:09cv345-CSC (WO) MEMORANDUM OPINION AND ORDER On August 18, 2009, the defendant filed a motion to remand pursuant to sentence six of 42 U.S.C. § 405(g). See Doc. # 11. The plaintiff does not object to remand pursuant to sentence six of 42 U.S.C. § 405(g). In addition, pursuant to 28 U.S.C. § 636(c)(1) and M.D. Ala. LR 73.1, the parties have consented to the United States Magistrate Judge conducting all proceedings in this case and ordering the entry of final judgment. Accordingly, it is ORDERED as follows that: 1. The defendant s motion to remand (doc. # 11) be and is hereby GRANTED. 2. The decision of the Commissioner be and is hereby REVERSED and this case be and is hereby REMANDED to the Commissioner pursuant to sentence six of 42 U.S.C. § 405(g) for further proceedings. 3. The Clerk of the Court shall close this case pending a final decision by the Commissioner on remand. 4. Within sixty (60) days of the final decision of the Commissioner of Social Security following remand, if the decision is adverse to the plaintiff, the Commissioner shall file with the Clerk of the Court a motion to reopen and an answer, and shall serve on the plaintiff a copy of the administrative record. 5. Within sixty (60) days of the final decision of the Commissioner of Social Security following remand, if the decision is favorable to the plaintiff, the Commissioner shall file with the Clerk of the Court a motion to reopen and a motion for entry of final judgment for the plaintiff. Done this 1 st day of September 2009. /s/Charles S. Coody CHARLES S. COODY UNITED STATES MAGISTRATE JUDGE 2
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