Simpson v. Social Security Administration
Filing
19
ORDER by Judge Frank H. Seay - This Court finds and orders that the 18 Report and Recommendation of the United States Magistrate Judge be sustained and adopted by this Court. (adw, Deputy Clerk)
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF OKLAHOMA
COY D. SIMPSON,
)
)
Plaintiff,
)
)
v. )
)
CAROLYN W. COLVIN,
)
Acting Commissioner of the Social
)
Security Administration,
)
)
Defendant.
)
CIV-13-122-FHS-SPS
1
ORDER
On September 10, 2014, the United States Magistrate Judge
for this District filed a Report and Recommendation in this case.
No objection was filed. As such, the Report and Recommendation is
deemed confessed.
The Report and Recommendation found the decision by the
defendant should be affirmed.
This Court finds the Report and
Recommendation of the Magistrate Judge applied the proper
standards and documents numerous references to the record which
support the recommendation of the Magistrate Judge that the
Commissioner's decision be sustained.
1
The Court has been informed by Defendant that on February
14, 2013, Carolyn W. Colvin became the Acting Commissioner of
Social Security. Pursuant to Rule 25 (d) of the Federal Rules of
Civil Procedure, Carolyn W. Colvin is automatically substituted
for Michael J. Astrue as the defendant in this action. Thus,
this suit will proceed with this substitution in effect. See 42
U.S.C. Sec. 405 (g) (“Any 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.”)
Upon consideration of the entire record and the issues
herein, this Court finds and orders that the Report and
Recommendation of the United States Magistrate Judge be SUSTAINED
and adopted by this Court as this Court's Findings and Order.
IT IS SO ORDERED this 30th day of September, 2014.
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