MENDEZ v. SAUL

Filing 33

ORDER THAT PLAINTIFFS COMPLAINT (DOC. NO. 1 ) AND BRIEF IN SUPPORT (DOC. NO. 18 ) ARE DENIED AND THE ARGUMENTS OF THE ACTING COMMISSIONER AS SET FORTH IN THE DEFENDANTS RESPONSE TO REQUEST FOR REVIEW OF PLAINTIFF (DOC. NO. 23 ) ARE ADOPTED AS ADDR ESSED IN THE MEMORANDUM OPINION; JUDGMENT IS ENTERED IN FAVOR OF THE ACTING COMMISSIONER OF SOCIAL SECURITY, KILOLO KIJAKAZI, BY SEPARATE DOCUMENT FILED CONTEMPORANEOUSLY. 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. 11/14/23 ENTERED AND COPIES E-MAILED.(va)

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

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CIVIL ACTION

No. 20-cv-04892-RAL

ORDER
AND NOW this 13th day of November 2023, upon consideration of the parties’
submissions, it is ORDERED that:
1. Plaintiff’s Complaint (Doc. No. 1) and Brief in support (Doc. No. 18) are
DENIED and the arguments of the Acting Commissioner as set forth in the
Defendant’s Response to Request for Review of Plaintiff (Doc. No. 23) are
adopted as addressed in the Memorandum Opinion;
2. JUDGMENT IS ENTERED in favor of the Acting Commissioner of Social
Security, KILOLO KIJAKAZI, 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); and

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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3. 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