DAVIS v. SAUL

Filing 25

ORDER THAT PLAINTIFF'S REQUEST FOR REVIEW IS GRANTED, AND THE MATTER IS REMANDED IN ACCORDANCE WITH THE FOURTH SENTENCE OF 42 U.S.C. & 405 (g) TO THE COMMISSIONER OF SOCIAL SECURITY FOR FURTHER PROCEEDINGS CONSISTENT WITH THE MEMORANDUM OPINION FILED CONTEMPORANEOULSY WITH THIS ORDER. JUDGMENT IS ENTERED BY SEPARATE DOCUMENT. THE CLERK OF COURT SHALL MARK THIS CASE CLOSED FOR ALL PURPOSES INCLUDING STATISTICS; ETC.. SIGNED BY MAGISTRATE JUDGE RICHARD A. LLORET ON 5/9/22. 5/9/22 ENTERED AND E-MAILED.(JL)

Case 2:20-cv-04867-RAL Document 25 Filed 05/09/22 Page 1 of 1

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
MICHELLE L. DAVIS,
Plaintiff,
v.
KILOLO KIJAKAZI,
Commissioner of Social Security, 1

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CIVIL ACTION

NO. 20-cv-04867-RAL

ORDER
AND NOW this 9th day of May, 2022, upon consideration of the parties’
submissions, it is ORDERED that:
1. Plaintiff’s Request for Review (Doc. No. 14) is GRANTED, and the matter is
REMANDED in accordance with the fourth sentence of 42 U.S.C. § 405(g) to
the Commissioner of Social Security for further proceedings consistent with
the Memorandum Opinion filed contemporaneously with this Order;
2. JUDGMENT IS ENTERED by separate document, filed
contemporaneously. See Shalala v. Schaefer, 509 U.S. 292, 303 (1993);
Kadelski v. Sullivan, 30 F.3d 399, 402 (3d Cir. 1994); Fed. R. Civ. P. 58(a).
3. The Clerk of Court shall mark this case CLOSED for all purposes including
statistics.

_s/ Richard A. Lloret ________
HON. RICHARD A. LLORET
United States Magistrate Judge

Kilolo Kijakazi became the Acting Commissioner of Social Security on July 9, 2021. Pursuant to Rule
25(d) of the Federal Rules of Civil Procedure, Ms. Kijakazi should be substituted for the former
Commissioner of Social Security, Andrew Saul, as the defendant in this action. No further action need be
taken to continue this suit pursuant to section 205(g) of the Social Security Act. 42 U.S.C. § 405(g) (Social
Security disability actions “survive notwithstanding any change in the person occupying the office of
Commissioner of Social Security or any vacancy in such office”).

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