Gamble v. Apfel

Full title: STALLWORTH GAMBLE, Plaintiff, v. KENNETH S. APFEL, Commissioner of Social…

Court: United States District Court, S.D. Alabama, Southern Division

Date published: Jan 5, 2001

Civil Action No. 00-0646-RV-S (S.D. Ala. Jan. 5, 2001)

Opinion

Civil Action No. 00-0646-RV-S

January 5, 2001

ORDER

RICHARD W. VOLLMER, JR., United States District Court Senior Judge.

After due and proper consideration of all portions of this file deemed relevant to the issues raised, and there having been no objections filed, the Recommendation of the Magistrate Judge made under 28 U.S.C. § 636 (b)(1)(B) is ADOPTED as the opinion of this Court.

It is ORDERED that Defendant's motion to remand is hereby GRANTED, and that this action is REMANDED to the Commissioner so that the claim file can be found or reconstructed. Further after completing and recording the administrative hearing, the Commissioner is DIRECTED to file a motion to reinstate this appeal on the Court's docket for further action consistent with the procedures of this court.

JUDGMENT

It is ORDERED, ADJUDGED, and DECREED that Defendant's motion to remand is hereby GRANTED, and that this action is REMANDED to the Commissioner so that the claim file can be found or reconstructed. Further after completing and recording the administrative hearing, the Commissioner is DIRECTED to file a motion to reinstate this appeal on the Court's docket for further action consistent with the procedures of this Court. No costs are taxed.