Opinion
Civil Action No. 00-0416-P-L
April 25, 2001
JUDGMENT
In accordance with this court's Order entered this date, it is hereby ORDERED, ADJUDGED, and DECREED that this action be REMANDED pursuant to sentence six of 42 U.S.C. § 405(g), for further proceedings not inconsistent with this decision. The remand pursuant to sentence six of § 405(g) does not make the plaintiff a prevailing party for purposes of the Equal Access to Justice Act, 28 U.S.C. § 2412. Shalala v. Schaefer, 509 U.S. 292 (1993).
It is further ORDERED, ADJUDGED, and DECREED that defendant file a status report at the expiration of ninety days from this date.
Although the court retains jurisdiction over this action under sentence six of § 405(g), the Clerk is directed to statistically close this case.
ORDER ADOPTING THE REPORT AND RECOMMENDATION OF THE MAGISTRATE 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 Report and Recommendation of the Magistrate Judge made under 28 U.S.C. § 636(b)(1)(B), and dated March 28, 2001 (doc. 14), is hereby ADOPTED as the opinion of this court.
Accordingly, it is ORDERED that this action be REMANDED under sentence six of 42 U.S.C. § 405(g), for further proceedings not inconsistent with the court's opinion. The remand pursuant to sentence six of § 405(g) does not make the plaintiff a prevailing party for purposes of the Equal Access to Justice Act, 28 U.S.C. § 2412. Shalala v. Schaefer, 509 U.S. 292 (1993).
It is further ORDERED that defendant shall file a status report at the expiration of ninety (90) days from the date of remand.
Although the court retains jurisdiction over this action under sentence six of § 405(g), the Clerk is directed to statistically close this case.