□ Southern District of Texas ENTERED IN THE UNITED STATES DISTRICT COURT March 28, 2025 FOR THE SOUTHERN DISTRICT OF TEXAS Nathan Ochsner, Clerk HOUSTON DIVISION MICHAEL E. NERO, § § Plaintiff, § V. § § CIVIL ACTION NO. H-24-1156 LELAND C. DUDEK,! § Acting Commissioner of the Social Security —§ Administration, § § Defendant. § ORDER ADOPTING MEMORANDUM AND RECOMMENDATION This court has reviewed the Memorandum and Recommendation of United States Magistrate Judge Richard W. Bennett on the Commissioner’s Unopposed Motion to Remand, (Docket Entry No. 17), and made a de novo determination. See FED. R. CIv. P. 72(b);

(b)(1)(C); United States v. Wilson,

(Sth Cir. 1989) (per curiam). Judge Bennett recommended granting the Commissioner’s motion and remanding the case to the Commissioner for further administrative proceedings. Judge Bennett also recommended that the Commissioner’s Cross Motion for Summary Judgment, (Docket Entry No. 13), and the plaintiffs Motion for Summary Judgment, (Docket Entry No. 15), be denied as moot. No objections to Judge Bennett’s ruling have been filed. Based on the pleadings, the record, and the applicable law, the court adopts the Memorandum and Recommendation as this court’s Memorandum and Order. This matter is

Leland C. Dudek became the Acting Commissioner of Social Security in February 2025. Dudek is “automatically substituted” as the defendant in this suit. FED. R. CIv. P. 25(d); see also 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.”).

remanded under sentence four of

(g) for further administrative proceedings. An order of remand to the Commissioner 1s separately entered. SIGNED on March 28, 2025, at Houston, Texas.

LW Crente Lee H. Rosenthal Senior United States District Judge