CRUMP v. COLVIN

Filing 24

MEMORANDUM AND ORDER THAT THE REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE TIMOTHY RICE DATED 1/18/17, IS APPROVED AND ADOPTED; PLAINTIFF'S OBJECTIONS TO MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION ARE OVERRULED. PLAINTIFF&# 039;S REQUEST FOR REVIEW IS DENIED; AND, JUDGMENT IS ENTERED IN FAVOR OF DEFENDANT, NANCY BERRYHILL, ACTING COMMISSIONER OF SOCIAL SECURITY ADMINISTRATION, AND AGAINST PLAINTIFF, SAVERNA LYNETTE CRUMP. IT IS FURTHER ORDERED THAT THE CLERK OF COURT SHALL MARK THIS CASE CLOSED. SIGNED BY HONORABLE JAN E. DUBOIS ON 6/6/17. 6/7/17 ENTERED & E-MAILED.(fdc)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
SAVERNA LYNETTE CRUMP,
Plaintiff,

CIVIL ACTION

v.
NANCY BERRYHILL, 1 Acting
Commissioner of Social Security
Administration,
Defendant.

NO. 15-3182

ORDER
AND NOW, this 6th day of June, 2017, upon consideration of Plaintiff’s Brief and
Statement of Issues in Support of Request for Review (Doc. No. 9, filed Oct. 1, 2015), 2
Defendant’s Response to Request for Review of Plaintiff (Doc. No. 12, filed Dec. 2, 2015),
Plaintiff’s Reply to Defendant’s Response to Plaintiff’s Request for Review (Doc. No. 14, filed
Dec. 9, 2015), and after review of the Report and Recommendation of United States Magistrate
Judge Timothy R. Rice dated January 18, 2017 (Doc. No. 17), Plaintiff’s Objections to
Magistrate Judge’s Report and Recommendation (Doc. No. 20, filed Feb. 7, 2017), Defendant’s
Response to Plaintiff’s Objections to the Magistrate Judge’s Report and Recommendation (Doc.
No. 22, filed Feb. 21, 2017), and the record in this case, for the reasons stated in the
accompanying Memorandum dated June 6, 2017, IT IS ORDERED as follows:
1.

The Report and Recommendation of United States Magistrate Judge Timothy
Rice dated January 18, 2017, is APPROVED and ADOPTED;

1

Nancy Berryhill became the Acting Commissioner of Social Security on January 23, 2017.
Pursuant to Rule 25(d) of the Federal Rules of Civil Procedure, Nancy Berryhill is substituted for
Carolyn W. Colvin as defendant in this suit.
2
Plaintiff filed a Brief and Statement of Issues in Support of Request for Review but did not file
an actual Motion or Request for Review. Plaintiff’s Brief states on the second page that she
“filed this civil action seeking judicial review pursuant to 42 U.S.C. § 405(g).” The Court thus
construes the Brief as a Request for Review.

2.

Plaintiff’s Objections to Magistrate Judge’s Report and Recommendation are
OVERRULED;

3.

Plaintiff’s Request for Review is DENIED; and,

4.

JUDGMENT IS ENTERED IN FAVOR of defendant, Nancy Berryhill, Acting
Commissioner of Social Security Administration, and AGAINST plaintiff,
Saverna Lynette Crump.

IT IS FURTHER ORDERED that the Clerk of Court shall MARK the case CLOSED.

BY THE COURT:
/s/ Hon. Jan E. DuBois

DuBOIS, JAN E., J.

2