Opinion
Case No. CIV- 11-012-JHP-SPS
03-30-2012
NICHOLAS A. STOCKMAN, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner of Social Security Administration, Defendant.
JUDGMENT
Pursuant to the court's order of March 30, 2012, remanding this action for further administrative action under the fourth sentence of 42 U.S.C. §405 (g), of the Social Security Act, 42 U.S.C. §405(g), the court enters judgment in favor of Plaintiff and against Defendant in accordance with the provisions of Rule 58 of the Federal Rules of Civil Procedure.
A remand pursuant to sentence four does not allow for retention of district court jurisdiction. See Shalala v. Schaefer, _ U.S. _, 113 S.Ct. 2625 (1993); Melkonyan v. Sullivan, 501 U.S. 89 (1991).
IT IS SO ORDERED this 30th day of March, 2012.
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James H. Payne
United States District Judge
Eastern District of Oklahoma