*1 Case 1:04-cv-00812-P-M Document 15 Filed 10/03/05 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION SYLVIA REESE, o/bo WHITNEY )
D. REESE, )
) Plaintiff, )
) vs. ) CIVIL ACTION NO. 04-0812-P-D
) JO ANNE B. BARNHART, Commissioner )
of Social Security, )
) Defendant. ) 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 pursuant to 28 U.S.C. § 636(b)(1)(B) and dated August 23, 2005 (doc.14), is hereby ADOPTED as the opinion of this court.
Accordingly, it is ORDERED that the Commissioner of Social Security’s Motion and Memorandum For Entry of Judgment Pursuant to Sentence Four of 42 U.S.C. § 405(g) With Remand of the Cause to the Defendant (doc.13), be and is hereby GRANTED.
It is further ORDERED that this action be REVERSED and REMANDED to the Social Security Administration, pursuant to sentence four of 42 U.S.C. § 405(g), see Melkonyan v. Sullivan, *2 Case 1:04-cv-00812-P-M Document 15 Filed 10/03/05 Page 2 of 2 501 U.S. 89 (1991), for further proceedings (see doc.14, p.1, ¶2).
The Remand pursuant to sentence four of § 405(g), makes plaintiff a prevailing party under the Equal Access to Justice Act, 28 U.S.C. § 2412, see Shalala v. Schaefer, 509 U.S. 292 (1993), and terminates this court’s jurisdiction over the matter.
DONE the 3 rd day of October, 2005.
S/Virgil Pittman SENIOR UNITED STATES DISTRICT JUDGE 2