Herndon v. Social Security Administration, Commissioner

Filing 14

MEMORANDUM OPINION ADOPTING and ACCEPTING the 12 Magistrate Judge's Report and Recommendation. Signed by Judge Virginia Emerson Hopkins on 4/6/2017. (JLC)

FILED
2017 Apr-06 PM 02:57
U.S. DISTRICT COURT
N.D. OF ALABAMA

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
DEREK HERNDON,

)
)
Plaintiff,
)
)
v.
) Case No.: 2:15-CV-1530-VEH
)
NANCY A. BERRYHILL, ACTING )
COMMISSIONER, SOCIAL
)
SECURITY ADMINISTRATION,
)
)
Defendant.
)

MEMORANDUM OPINION
On February 2, 2017, the magistrate judge’s report and recommendation was
entered and the parties were allowed therein fourteen (14) days in which to file
objections to the recommendations made by the magistrate judge. No objections to
the magistrate judge’s report and recommendation have been filed by Plaintiff or by
the Commissioner.1
After careful consideration of the record in this case and the magistrate judge’s

1

Nancy A. Berryhill was named the Acting Commissioner on January 23, 2017. See
https://www.ssa.gov/agency/commissioner.html. Under 42 U.S.C. § 405(g), “[a]ny action
instituted in accordance with this subsection shall survive notwithstanding any change in the
person occupying the office of Commissioner of Social Security or any vacancy in such office.”
Accordingly, pursuant to 42 U.S.C. § 405(g) and Rule 25(d) of the Federal Rules of Civil
Procedure, the Court has substituted Nancy A. Berryhill for Carolyn W. Colvin in the case
caption above and HEREBY DIRECTS the clerk to do the same party substitution on CM/ECF.

report and recommendation, the court hereby ADOPTS the report of the magistrate
judge. The court further ACCEPTS the recommendations of the magistrate judge
that the decision of the Commissioner be affirmed.
A separate order in conformity with this Memorandum Opinion will be entered
contemporaneously herewith.
DONE this the 6th day of April, 2017.

VIRGINIA EMERSON HOPKINS
United States District Judge

2