WASHINGTON v. ASTRUE

Filing 24

MEMORANDUM AND ORDER THAT THE REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE HENRY S. PERKIN DATED 1/27/14 (#16) IS APPROVED AND ADOPTED; PLAINTIFF'S COMPLAINT REQUESTING REVIEW OF AN ADVERSE DECISION OF THE COMMISSIONER (DOC. NO. 3 , FILED 12/18/12) IS DENIED. PETITIONER'S OBJECTION[S] TO MAGISTRATE JUDGE PERKIN'S REPORT AND RECOMMENDATION AND REQUEST FOR ORAL ARGUMENTS OR PLENARY HEARING (DOC.NO.21, FILED 4/21/14) ARE OVERRULED; PLAINTIFF'S REQUEST FOR ORAL ARGU MENT OR PLENARY HEARING IS DENIED; AND THE CLERK OF COURT SHALL MARK THE CASE CLOSED. IT IS FURTHER ORDERED THAT THE CAPTION IS AMENDED TO SUBSTITUTE "CAROLYN W. COLVIN" IN PLACE OF "MICHAEL J. ASTRUE" AS ACTING COMMISSIONER OF SOCIAL SECURITY ADMINISTRATION. SIGNED BY HONORABLE JAN E. DUBOIS ON 11/13/14. 11/14/14 ENTERED & E-MAILED.(fdc)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA

MR. LARRY DARNELL WASHINGTON,
Plaintiff,

CIVIL ACTION

v.
CAROLYN W. COLVIN,1
Acting Commissioner of Social Security
Administration,
Defendant.

NO. 12-6970

ORDER
AND NOW, this 13th day of November, 2014, upon consideration of plaintiff’s Complaint
requesting review of an adverse decision of the Commissioner (Document No. 3, filed December
18, 2012), defendant’s Answer (Document No. 6, filed February 19, 2013), Legal Brief in Support
of Plaintiff’s Request for Review of Denial of Social Security Disability Benefits (Document No.
12, filed April 5, 2013), Defendant’s Response to Request for Review of Plaintiff (Document No.
13, filed May 6, 2013), Plaintiff’s Reply to Administrations [sic] Brief in Response to Plaintiff’s
Request for Review (Document No. 14, filed May 16, 2013), and a letter dated May 21, 2013 from
Dr. Rita Carabello in support of Plaintiff’s Complaint (Document No. 15, filed May 22, 2013); and
after review of the Report and Recommendation of United States Magistrate Judge Henry S.
Perkin dated January 27, 2014 (Document No. 16), Petitioner’s Objection[s] to Magistrate Judge
Perkin’s Report and Recommendation and Request for Oral Arguments or Plenary Hearing
(Document No. 21, filed April 21, 2014), Defendant’s Response to Plaintiff’s Objection to the
Report and Recommendation of Magistrate Judge Henry S. Perkin (Document No. 22, filed May

1

Carolyn W. Colvin became the Acting Commissioner of Social Security on February 14,
2013. Pursuant to Rule 25(d) of the Federal Rules of Civil Procedure, Carolyn W. Colvin is
substituted for Michael J. Astrue as the defendant in this suit.

5, 2014), and the record in this case, for the reasons stated in the accompanying Memorandum
dated November 13, 2014, IT IS ORDERED as follows:
1.

The Report and Recommendation of United States Magistrate Judge Henry S.

Perkin dated January 27, 2014 (Document No. 16) is APPROVED AND ADOPTED;
2.

Plaintiff’s Complaint requesting review of an adverse decision of the

Commissioner (Document No. 3, filed December 18, 2012) is DENIED;
3.

Petitioner’s Objection[s] to Magistrate Judge Perkin’s Report and

Recommendation and Request for Oral Arguments or Plenary Hearing (Document No. 21, filed
April 21, 2014) are OVERRULED;
4.

Plaintiff’s request for oral argument or plenary hearing is DENIED; and

5.

The Clerk of Court shall MARK the case CLOSED.

IT IS FURTHER ORDERED that the caption is amended to substitute “Carolyn W.
Colvin” in place of “Michael J. Astrue” as Acting Commissioner of Social Security
Administration.

BY THE COURT:

/s/ Hon. Jan E. DuBois_ __
DuBOIS, JAN E., J.