NELLOM v. COMMISSIONER OF SOCIAL SECURITY, No. 2:2023cv01268 - Document 17 (E.D. Pa. 2023)

Court Description: 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)

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NELLOM v. COMMISSIONER OF SOCIAL SECURITY Doc. 17 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. : : : : : : : : : : 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”). 1 Dockets.Justia.com 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

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