Opinion
Civil Action 3:21-CV-0764-G-BN
10-15-2021
DIXIE C., Plaintiff, v. KILOLO KIJAKAZI, Acting Commissioner of the Social Security Administration, Defendant.
ORDER ACCEPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE
A. JOE FISH Senior United States District Judge
After making an independent review of the pleadings, files and records in this case, and the Findings, Conclusions, and Recommendation of the United States Magistrate Judge dated September 20, 2021, the court finds that the Findings, Conclusions, and Recommendation of the Magistrate Judge are correct and they are accepted as the Findings, Conclusions, and Recommendation of the court.
It is therefore ORDERED that the Findings, Conclusions, and Recommendation of the United States Magistrate Judge are accepted. The
Commissioner's Motion Pursuant to Fed.R.Civ.P. 12(b)(1) to Dismiss Plaintiff's Complaint in Part and Motion for an Extension of Time Within Which to Answer and File the Certified Administrative Record (docket entry 9) is DENIED, and the Commissioner must file her Answer and the Administrative Record within 21 days of the date of this order.
Kilolo Kijakazi is now the Acting Commissioner of Social Security and is automatically substituted as a party pursuant to FED. R. CIV. P. 25(d); see also 42 U.S.C. § 405(g) (action survives regardless of any change in person occupying the office of Commissioner of Social Security).
SO ORDERED.