Walker v. Dudek

District Court, E.D. North Carolina

Walker v. Dudek

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA WESTERN DIVISION No. 5:24-cv-00561-FL KS

CHARLIMAINE WALKER, ) Plaintiff, ) ) v. ) ) LELAND DUDEK1, ) Acting Commissioner of Social ) Security, ) ) Defendant. ) ORDER This matter is before the Court based on Plaintiff’s Memorandum in Support of Motion for Judgment on the Pleadings and Defendant’s Motion for Remand to the Commissioner. Plaintiff, through counsel, consents to Defendant’s Motion for Remand to the Commissioner. For good cause shown, the Court hereby reverses the Commissioner’s decision under sentence four of

42 U.S.C. § 405

(g) and remands the case to the Commissioner for further proceedings. See Shalala v. Schaefer,

509 U.S. 292

(1993); Melkonyan v. Sullivan,

501 U.S. 89

(1991). The Clerk of the Court is directed to enter a separate judgment pursuant to Rule 58 of the Federal Rules of Civil Procedure.

1 Leland Dudek became the Acting Commissioner of Social Security on February 16, 2025. Pursuant to Rule 25(d) of the Federal Rules of Civil Procedure, Leland Dudek should be substituted for Michelle King as the defendant in this suit. No further action need be taken to continue this suit by reason of the last sentence of section 205(g) of the Social Security Act,

42 U.S.C. § 405

(g). SO ORDERED this 17th day of April 2025.

LOUISE W. FLANAGAN United States District Judge

Reference

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