DANNER v. COLVIN
ORDER THAT THE REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE ELIZABETH T. HEY DATED 2/15/17 IS APPROVED AND ADOPTED. PLAINTIFF'S OBJECTIONS TO THE REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE ARE OVERRULED. PLAI NTIFF'S REQUEST FOR REVIEW IS DENIED. JUDGMENT IS ENTERED IN FAVOR OF DEFENDANT NANCY BERRYHILL AND AGAINST PLAINTIFF ANGELA DANNER. THE CLERK OF COURT SHALL MARK THE CASE CLOSED; ETC.. SIGNED BY HONORABLE JAN E. DUBOIS ON 6/20/17. 6/21/17 ENTERED AND E-MAILED.(jl, )
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
NANCY BERRYHILL, 1
Acting Commissioner of Social Security
AND NOW, this 20th day of June, 2017, upon consideration of Plaintiff’s Brief and
Statement of Issue in Support of Request for Review (Doc. No. 9, filed Apr. 6, 2016), 2
Defendant’s Response to Request for Review of Plaintiff (Doc. No. 10, filed May 9, 2016),
Plaintiff’s Reply Brief (Doc. No. 12, May 17, 2016), and after review of the Report and
Recommendation of United States Magistrate Judge Elizabeth T. Hey dated February 15, 2017
(Doc. No. 13), Plaintiff’s Objections to the Magistrate Judge’s Report and Recommendations
(Doc. No. 14, filed Mar. 1, 2017), Defendant’s Response to Plaintiff’s Objections to the
Magistrate Judge’s Report and Recommendation (Doc. No. 16, filed Mar. 10, 2017), Defendant’s
Response to Plaintiff’s Objections to the Magistrate Judge’s Report and Recommendation (Doc.
No. 18, filed Mar. 24, 2017), and the record in this case, for the reasons stated in the
accompanying Memorandum dated June 20, 2017, IT IS ORDERED as follows:
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.
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 “this
matter is appropriately before the Court for review under 42 U.S.C. § 405(g).” The Court thus
construes the Brief as a Request for Review.
1. The Report and Recommendation of United States Magistrate Judge Elizabeth T.
Hey dated February 15, 2017, is APPROVED and ADOPTED;
2. Plaintiff’s Objections to the Report and Recommendation of the United States
Magistrate Judge 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, and AGAINST plaintiff, Angela Danner.
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.
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