WOOLLEY
v.
COMMISSIONER OF SOCIAL SECURITY
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The court adopted the Magistrate Judge's Report and Recommendation, granting the plaintiff's motion to change venue.
Plaintiff filed a motion to change venue. A Magistrate Judge issued a Report and Recommendation suggesting the motion be granted and the case transfer…
The full statement of facts, procedural history, and disposition for this case are member content.
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THIS CAUSE is before the Court upon Plaintiff Mason Woolley’s Motion to Change Venue (the “Motion”) [ECF No. 10], filed on September 1, 2021. On January 11, 2021, the Court referred this matter to Magistrate Judge Shaniek M. Maynard for a ruling on all pre-trial, nondispositive matters and for a Report and Recommendation on any dispositive matters [ECF No. 2].
On September 1, 2021, Judge Maynard issued a Report and Recommendation (“R&R”) recommending that the Motion be granted and that the case be transferred to the District of Massachusetts for further proceedings [ECF No. 12]. The R&R states that the parties shall file any objections within fourteen days of the date of service of a copy of the R&R [ECF No. 12 pp. 3]. Defendant did not file objections, and the period for doing so has expired. See 28 U.S.C. 1 Kilolo Kijakazi became the Acting Commissioner of Social Security on July 9, 2021. Pursuant to Federal Rule of Civil Procedure 25(d), she is substituted for Andrew Saul as the Defendant. No further action need be taken to continue this suit consistent with the Social Security Act. See 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.”). CASE NO. 21-14020-CIV-CANNON/Maynard
§ 636(b)(1); Thomas v. Arn, 474 U.S. 140, 149 (1985); Henley v. Johnson, 885 F. 2d 790, 794 (11th Cir. 1989); 11th Cir. R. 3-1 (2016).
The Court has reviewed the record in this case and is otherwise fully advised in the premises. Upon review, the Court finds the R&R to be well reasoned and correct. The Court therefore agrees with the analysis in the R&R and concludes that the Motion should be GRANTED for the reasons set forth therein.
Accordingly, it is ORDERED and ADJUDGED as follows: 1. The R&R [ECF No. 12] is ADOPTED. 2. The Clerk shall CLOSE this case and take all necessary steps to ensure the prompt TRANSFER of the action to the United States District Court for the District of Massachusetts.
DONE AND ORDERED in Chambers at Fort Pierce, Florida this 5th day of October 2021.
UNITED STATES DISTRICT JUDGE
ce: counsel of record
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Thomas v. Arn, 474 U.S. 140 (U.S. 1985)
- Henley v. Johnson, 885 F.2d 790 (11th Cir. 1989)