SCHEIRER v. ASTRUE

Filing 19

ORDER THAT THE REPORT AND RECOMMENDATION OF MAGISTRATE JUDGE ANGELL IS APPROVED AND ADOPTED. IT IS FURTHER ORDERED THAT PLAINTIFF'S REQUEST FOR REVIEW IS DENIED. IT IS FURTHER ORDERED THAT PLAINTIFF'S ALTERNATIVE MOTION FOR REMAND IS DENI ED AND THAT PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT IS DISMISSED. IT IS FURTHER ORDERED THAT JUDGMENT IS GRANTED IN FAVOR OF DEFENDANT CAROLYN W. COLVIN, ACTING COMMISSIONER OF SOCIAL SECURITY AND AGAINST PLAINTIFF MARY SCHEIRER. IT IS FURTHER ORDERED THAT, PURSUANT TO 25(d) OF THE FEDERAL RULES OF CIVIL PROCEDURE, THE CLERK OF COURT SHALL SUBSTITUTE CAROLYN W. COLVIN, ACTING COMMISSIONER OF SOCIAL SECURITY FOR MICHAEL J. ASTRUE, COMMISSIONER OF SOCIAL SECURITY AS THE DEFENDANT IN THIS MATTER. IT IS FURTHER ORDERED THAT THE CLERK OF COURT SHALL CLOSE THIS CASE FOR STATISTICAL PURPOSES. SIGNED BY HONORABLE JAMES KNOLL GARDNER ON 5/2/14. 5/6/14 ENTERED AND COPIES E-MAILED.(ky, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
MARY SCHEIRER,
Plaintiff
vs.
CAROLYN W. COLVIN,1
Acting Commissioner of
Social Security,
Defendant
SOCIAL SECURITY ADMINISTRATION
Interested Party

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Civil Action
No. 2012-cv-04210

O R D E R
NOW, this 2nd day of May, 2014, upon consideration of
the following documents:
(1)

Decision of Administrative Law Judge Deborah
Mande dated December 17, 2010;

(2)

Complaint filed August 14, 2012;

(3)

Answer filed October 19, 2012;

(4)

Plaintiff’s Motion for Summary Judgment or,
in the Alternative, Plaintiff’s Motion for
Remand filed November 28, 2012;

(5)

Plaintiff’s Brief and Statement of Issues in
Support of Request for Review and Motion for
Summary Judgment, which brief and statement
of issues was filed November 28, 2012;

1
Carolyn W. Colvin became the Acting Commissioner of the Social
security administration on February 14, 2013. Pursuant to Rule 25(d) of the
Federal Rules of Civil Procedure, Carolyn W. Colvin is automatically
substituted for Michael J. Astrue the defendant in this matter. No further
action is necessary to continue this matter by reason of the last sentence of
Section 205(g) of the Social Security Act, 42 U.S.C. § 405(g).

(6)

Defendant’s Response to Request for Review of
Plaintiff, which response was filed
December 13, 2012;

(7)

Plaintiff’s Supplemental Brief Per Court
Order entered on January 24, 2013;

(8)

Defendant’s letter brief dated and filed
February 25, 2013; and

(7)

Report and Recommendation of United States
Magistrate Judge M. Faith Angell dated
October 28, 2013 and filed October 29, 2013;

after a thorough review of the record in this matter; it
appearing that neither party filed objections to Magistrate Judge
Angell’s Report and Recommendation; it further appearing that
Magistrate Judge Angell’s Report and Recommendation correctly
determined the legal and factual issues presented in this case,
IT IS ORDERED that the Report and Recommendation of
Magistrate Judge Angell is approved and adopted.
IT IS FURTHER ORDERED that plaintiff’s request for
review is denied.
IT IS FURTHER ORDERED that plaintiff’s alternative
motion for remand is denied.
IT IS FURTHER ORDERED that plaintiff’s motion for
summary judgment is dismissed.2
2

Pursuant to paragraph 1 of the current Procedural Order for Social
Security Review, plaintiff is required to serve a summons and complaint upon
defendant; and pursuant to paragraph 3, plaintiff is required to file and
serve “Plaintiff’s Brief and Statement of Issues in Support of Request for
Review”, which plaintiff did on November 28, 2012. Accordingly, a motion for
summary judgment is no longer a required procedure in an action seeking review
of a decision by the Commissioner of Social Security denying plaintiff social
security benefits. Therefore, I have dismissed plaintiff’s motion for summary
judgment.

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IT IS FURTHER ORDERED that judgment is granted in favor
of defendant Carolyn W. Colvin, Acting Commissioner of Social
Security and against plaintiff Mary Scheirer.
IT IS FURTHER ORDERED that, pursuant to Rule 25(d) of
the Federal Rules of Civil Procedure, the Clerk of Court shall
substitute Carolyn W. Colvin, Acting Commissioner of Social
Security for Michael J. Astrue, Commissioner of Social Security
as the defendant in this matter.
IT IS FURTHER ORDERED that the Clerk of Court shall
close this case for statistical purposes.

BY THE COURT:

/s/ JAMES KNOLL GARDNER
James Knoll Gardner
United States District Judge

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