NELLOM v. COMMISSIONER OF SOCIAL SECURITY

Filing 17

MEMORANDUM OPINION ORDER THAT DEFENDANTS MOTION TO DISMISS THE COMPLAINT FOR FAILURE TO STATE A CLAIM (DOC. NO. 13) IS GRANTED. PLAINTIFFS COMPLAINT (DOC. NO. 2) IS DISMISSED WITHOUT PREJUDICE TO RE-FILE AFTER PLAINTIFF HAS EXHAUSTED HIS ADMINISTRATI VE REMEDIES. PLAINTIFFS MOTIONS FOR SUMMARY JUDGMENT (DOC. NOS. 12, 15) ARE DENIED; ALL FOR THE REASONS SET FORTH IN THE MEMORANDUM OPINION FILED CONTEMPORANEOUSLY WITH THIS ORDER. THE CLERK OF COURT SHALL MARK THIS CASE CLOSED FOR ALL PURPOSES INCLUDING STATISTICS. SIGNED BY MAGISTRATE JUDGE RICHARD A. LLORET ON 11/13/23. 11/13/23 ENTERED AND COPIES E-MAILED.(amas)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
FRANK NELLOM
Plaintiff,
v.
KILOLO KIJAKAZI,1 Acting
Commissioner of Social Security
Defendant.

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CIVIL ACTION

No. 23-cv-01268-RAL

ORDER
AND NOW this 13th day of November 2023, upon consideration of the parties’
submissions, it is ORDERED that:
1. Defendant’s Motion to Dismiss the Complaint for failure to state a claim (Doc.
No. 13) is GRANTED;
2. Plaintiff’s Complaint (Doc. No. 2) is DISMISSED without prejudice to re-file
after Plaintiff has exhausted his administrative remedies;
3. Plaintiff’s Motions for Summary Judgment (Doc. Nos. 12, 15) are DENIED; all
for the reasons set forth in the Memorandum Opinion filed contemporaneously
with this order.

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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4. The Clerk of Court shall mark this case CLOSED for all purposes including
statistics.
BY THE COURT:

s/Richard A. Lloret________
RICHARD A. LLORET
U.S. Magistrate Judge