Herrera v. Berryhill

District Court, W.D. North Carolina

Herrera v. Berryhill

Trial Court Opinion

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NORTH CAROLINA CHARLOTTE DIVISION ENDIC. HERRERA, ) ) Plaintiff, ) Civ. No. 3:19-00168-FDW ) Vv. ) ) ANDREW M. SAUL, ) Commissioner of Social Security, _) ) Defendant. ) ORDER THIS MATTER 1s before the Court on the parties’ Consent Motion to Remand (Doc. No. 14). For the reasons stated in the consent motion, it is GRANTED. In light of this motion, Plaintiff's pending Motion for Summary Judgment (Doc. No. 11) is DENIED AS MOOT. Pursuant to the power of this Court to enter a judgment affirming, modifying, or reversing Defendant’s decision with remand in Social Security actions under sentence four of

42 U.S.C. § 405

(g), and in light of Defendant’s motion, with Plaintiff's consent, to remand this action for further administrative proceedings, the Court hereby remands this case to Defendant, pursuant to sentence four of

42 U.S.C. § 405

(g), for further administrative proceedings. See Melkonyan vy. Sullivan,

501 U.S. 89

(1991); Shalala v. Schaefer,

509 U.S. 292

(1993). The clerk of the Court will enter a separate judgment pursuant to Rule 58 of the Federal Rules of Civil Procedure and CLOSE THE CASE. IT IS SO ORDERED. Signed: November 8, 2019

Frank D. Whitney é +3 Chief United States District Judge ~“#*’

Reference

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