Duncan v. Berryhill, No. 1:2017cv00409 - Document 19 (S.D.W. Va. 2017)

Court Description: 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)

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Duncan v. Berryhill Doc. 19 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; Dockets.Justia.com 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 2

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