Millet v. Barnhart

Full title: BRIAN A. MILLET, Plaintiff, v. JO ANNE B. BARNHART, Commissioner of Social…

Court: United States District Court, D. Utah, Central Division

Date published: Jul 8, 2004

Court No. 2:03-CV-105DB (D. Utah Jul. 8, 2004)

Opinion

Court No. 2:03-CV-105DB.

July 8, 2004

PAUL M. WARNER, United States Attorney (#3389) SCOTT BATES, Assistant U.S. Attorney (#8517) Salt Lake City, Utah, Attorneys for the United States of America.

ORDER

DEE BENSON, Chief Judge, District

Based upon Defendant's Motion To Remand and good cause appearing therefor,

IT IS HEREBY ORDERED that pursuant to sentence four of 42 U.S.C. § 405(g), this case is remanded to the Commissioner for further administrative proceedings. IT IS FURTHER ORDERED that judgment shall be entered in accordance with Fed.R.Civ.P. 58, consistent with the United States Supreme Court's decision inShalala v. Schaefer, 509 U.S. 292, 296-302 (1993).

Accordingly, this action shall be dismissed.