Opinion
No. 3:12-cv-00074
04-16-2012
BERNARD FITZGERALD PETERS Plaintiff, v. MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant.
Judge Nixon
Magistrate Judge Griffin
ORDER
Pending before the Court is Defendant Commissioner of Social Security's Motion for Entry of Judgment Under Sentence Four, 42 U.S.C. § 405(g), with Remand to Defendant ("Motion") (Doc. No. 9), filed along with a Memorandum in Support (Doc. No. 10). Defendant states that remand is necessary "for a new hearing for, among other things, further evaluation of [Plaintiff Bernard Fizgerald Peters's] residual functional capacity." (Id. at 1.) Defendant indicates that Plaintiff's counsel has been contacted and has no objection to Defendant's Motion. (Doc. No. 9 at 1.)
The Court hereby GRANTS Defendant's Motion and REMANDS this case to the Commissioner. This Order terminates this Court's jurisdiction over the above-styled action, and the case is DISMISSED. The Clerk of the Court is DIRECTED to close the case.
It is so ORDERED.
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JOHN T. NIXON, SENIOR JUDGE
UNITED STATES DISTRICT COURT