Case Name in Social Security Case - Unavailable

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UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON
BUDDY G.,
Plaintiff,
v.
COMMISSIONER OF THE SOCIAL
SECURITY ADMINISTRATION,
Defendant.
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Case No. 3:25-cv-61
Judge Thomas M. Rose
Magistrate Judge Elizabeth P. Devers
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ENTRY AND ORDER ADOPTING REPORT AND RECOMMENDATION
(DOC. NO. 13), AND, DISMISSING COMPLAINT (DOC. NO. 1)
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This appeal of Defendant Commissioner’s supplemental security income decision is
currently before the Court on Magistrate Judge Elizabeth P. Deavers’ Report and Recommendation
(“Report”) (Doc. No. 13), recommending dismissal of this action. 	On September 4, 2025,
Plaintiff’s counsel filed a Suggestion of Death (Doc. No. 11), indicating that the named Plaintiff
here had passed away. However, no subsequent filing was made to seek a substitute for the named
Plaintiff. Therefore, in her Report, Magistrate Judge Deavers recommends dismissing this case
under Fed. R. Civ. P. 25(a), which requires that if a motion for substitution of a party “is not made
within 90 days after service of a statement noting the death [of a party], the action by or against
the decedent must be dismissed.” (Doc. No. 13 at PageID 1783.)
As required by 28 U.S.C. § 636(b) and Federal Rule of Civil Procedure 72(b), the Court
has made a de novo review of the record in this case. Noting that no objections to Magistrate Judge
Deavers’ Report have been filed and that the time for filing such objections under Fed. R. Civ. P.
72(b) has expired, the Court hereby ADOPTS the Report and Recommendation (Doc. No. 13), in
Case: 3:25-cv-00061-TMR-EPD Doc #: 14 Filed: 02/18/26 Page: 1 of 2 PAGEID #: <pageID>

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full. 	The instant Complaint (Doc. No. 1) is hereby DISMISSED and the Clerk is directed to
TERMINATE this matter on the Court’s docket.
DONE and ORDERED in Dayton, Ohio, this Wednesday, February 18, 2026.
s/Thomas M. Rose
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THOMAS M. ROSE
UNITED STATES DISTRICT JUDGE
Case: 3:25-cv-00061-TMR-EPD Doc #: 14 Filed: 02/18/26 Page: 2 of 2 PAGEID #: <pageID>