Watson v. O'Malley ( 2024 )

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA WESTERN DIVISION JOHNNY WATSON, ) ) Plaintiff, ) Civ. No. 5:24-cv-00160-BO-RJ ) v. ) ) MARTIN O’ MALLEY', ) Commissioner of Social Security, ) ) Defendant. ) ORDER Pursuant to the power of this Court to enter a judgment affirming, modifying, or reversing Defendant’s decision with remand in Social Security actions under sentence four of 42 U.S.C. § 405(g), and in light of Defendant’s motion, with Plaintiff's consent, to remand this case for further administrative proceedings, the Court hereby remands this case to Defendant, pursuant to sentence four of 42 U.S.C. § 405(g), for further administrative proceedings. See Melkonyan v. Sullivan, 501 U.S. 89 (1991); Shalala v. Schaefer, 509 U.S. 292 (1993). SO ORDERED this had day of CAAvb4_ 2024, W. BOYLE UNITED STATES DISTRICT JUDGE ' Martin O’ Malley became the Commissioner of Social Security on Decernber 20, 2023). ursuént to Rule 25(d) of the Federal Rules of Civil Procedure, Martin O’ Malley should be substituted for Kilolo Kijakazi as the defendant in this suit. No further action need be taken to continue this suit by reason of the last sentence of section 205(g) of the Social Security Act, 42 U.S.C. § 405(g).