Holcomb v. Saul

Filing 22

ORDER (Memorandum 21 filed previously as separate docket entry) AFFIRMING Commissioner's decision & directing Clrk of Ct to enter jdgmt in favor of Commissioner & against pltf then close case. (See order for complete details.) Signed by Magistrate Judge Susan E. Schwab on 3/29/22. (ki)

UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
LEE J. HOLCOMB, JR.,
Plaintiff,
v.
KILOLO KIJAKAZI, Acting
Commissioner of Social Security,1
Defendant.

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CIVIL NO: 1:20-CV-1176
(Magistrate Judge Schwab)

ORDER
March 29, 2022
For the reasons set forth in the Memorandum Opinion filed concurrently
with this Order, IT IS ORDERED that the Commissioner’s decision is
AFFIRMED. The Clerk of Court shall enter judgment in favor of the
Commissioner and against the plaintiff and then close this case.

S/Susan E. Schwab
Susan E. Schwab
United States Magistrate Judge
Kilolo Kijakazi is now the Acting Commissioner of Social Security, and
she is automatically substituted as the defendant in this action. See Fed. R. Civ. P.
25(d) (providing that when a public officer sued in his or her official capacity
ceases to hold office while the action is pending, “[t]he officer’s successor is
automatically substituted as a party”); 42 U.S.C. § 405(g) (“Any action instituted
in accordance with this subsection shall 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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