Mungle v. Colvin

Filing 25

ORDER ADOPTING REPORT AND RECOMMENDATIONS: IT IS HEREBY ORDERED that the 22 Report and Recommendation of United States Magistrate Judge Bodenhausen is SUSTAINED, ADOPTED, and INCORPORATED herein. The Commissioner of Social Security's decision to deny benefits to Plaintiff is affirmed. Signed by District Judge Rodney W. Sippel on 3/10/17. (CAR)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
BRADLEY D. MUNGLE,
Plaintiff,
v.
NANCY A. BERRYHILL, 1
Acting Commissioner of Social Security,
Defendant.

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Case No. 4:16 CV 311 RWS

ORDER
This matter is before me on a Report and Recommendation to affirm the decision of the
Commissioner of Social Security to deny Plaintiff benefits under Titles II and XVI of the Social
Security Act. I referred this matter to United States Magistrate Judge John M. Bodenhausen for
a Report and Recommendation pursuant to 28 U.S.C. § 636(b). Judge Bodenhausen issued a
Report and Recommendation on January 30, 2017 that recommended that the Commissioner’s
decision to deny benefits should be affirmed. Judge Bodenhausen found that the Administrative
Law Judge’s determination that Plaintiff was not entitled to benefits was supported by substantial
evidence on the record as a whole and within the zone of choice.
Objections to Judge Bodenhausen’s Report and Recommendation were due February 13,
2017. I granted Plaintiff’s request for an extension of time to file objections, making objections
due no later than February 24, 2017. As of today, neither party has filed any objections.
Accordingly,

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Nancy A. Berryhill is now the Acting Commissioner of Social Security. Pursuant to Rule 25(d) of the Federal
Rules of Civil Procedure, Nancy A. Berryhill should be substituted for Acting Commissioner Carolyn W. Colvin as
the defendant in this suit. No further action needs to 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).

IT IS HEREBY ORDERED that the Report and Recommendation of United States
Magistrate Judge Bodenhausen is SUSTAINED, ADOPTED, and INCORPORATED herein.
The Commissioner of Social Security’s decision to deny benefits to Plaintiff is affirmed.

RODNEY W. SIPPEL
UNITED STATES DISTRICT JUDGE
Dated this 10th day of March, 2017.

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