Willingham

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 SHAWN W., Case No.: 23cv1464-LL-MSB

Plaintiff,

ORDER ADOPTING REPORT AND

v. RECOMMENDATION [ECF No. 15] MARTIN O’MALLEY, Acting Commissioner of Social Security,1 15 Defendant.

17 Pending before the Court is Magistrate Judge Michael S. Berg’s Report and Recommendation (“R&R”) regarding the Motion for Judicial Review of the Final Decision of the Commissioner of Social Security. ECF Nos. 11, 15. The R&R recommends that the Commissioner’s decision be reversed, and that Judgment be entered reversing the decision 22 23 1 Martin O’Malley became the Commissioner of Social Security on December 20, 2023. See Commissioner SSA, https://www.ssa.gov/agency/commissioner/ (last visited February 6, 2024). Accordingly, Martin O’Malley should be substituted for Kilolo Kijakazi as the 26 defendant in this lawsuit. See Fed. R. Civ. P. 25(d) (“An action does not abate when a public officer who is a party in an official capacity…