Granton v. Colvin

Filing 26

ORDER (memorandum filed previously as separate docket entry), OVERRULING the objections of the Plaintiff; ADOPTING REPORT AND RECOMMENDATION of Magistrate Judge Cohn; DENYING appeal; Clerk of Court is directed to enter judgment in favor of the defendant and CLOSE this case. Signed by Honorable James M. Munley on 4/28/17. (sm)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
DWAYNE GRANTON,

:
No. 3:15cv904
Plaintiff
:
:
(Judge Munley)
v.
:
: (Magistrate Judge Cohn)
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NANCY A. BERRYHILL,
:
Acting Commissioner of the Social :
Security Administration,
:
Defendant
:
::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::
ORDER
AND NOW, to wit, this 28th day of April 2017, it is HEREBY
ORDERED as follows:
1. Plaintiff’s objections to the report and recommendation
of Magistrate Judge Cohn (Doc. 23) are OVERRULED;
2. The report and recommendation of Magistrate Judge
Cohn (Doc. 22) is ADOPTED;
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When plaintiff filed this action, Carolyn W. Colvin was the Commissioner
of Social Security. Accordingly, plaintiff named her as the defendant in her
official capacity. Since then, however, Colvin left her position as
Commissioner. Nancy A. Berryhill became the Acting Commissioner of
Social Security on February 14, 2013. See OFFICIAL SOCIAL SECURITY
WEBSITE, http://blog.ssa.gov/meet-our-new-acting-commissioner/ (last
accessed March 24, 2017).
Pursuant to Rule 25(d) of the Federal Rules of Civil Procedure, Nancy A.
Berryhill is substituted for Carolyn W. Colvin as the defendant in this suit.
FED. R. CIV. P. 25(d) (“An action does not abate when a public officer who
is a party in an official capacity dies, resigns, or otherwise ceases to hold
office while the action is pending. The officer’s successor is automatically
substituted as a party.”)

3. Plaintiff’s appeal of the Commissioner of Social Security’s
decision denying plaintiff’s application for supplemental security
income is DENIED;
4. The Clerk of Court is directed to enter judgment in favor of
Defendant and against Plaintiff; and
5. The Clerk of Court is directed to close this case.

BY THE COURT:

s/ James M. Munley
JUDGE JAMES M. MUNLEY
United States District Court

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