Opinion
01 Civ 8312 (KMW)(FM)
December 31, 2002
REPORT AND RECOMMENDATION
On September 19, 2002, Jo Anne Barnhart, Commissioner of Social Security, suggested to this Court the death of Plaintiff Carlos Torres. M r. Torres is by all accounts unmarried and no surviving spouse has come forward to contest this information within the 90 day period set forth in Fed.R.Civ.P. Rule 25(a)(1). Supplementary Social Security income benefits may be paid only to a surviving spouse. See 42 U.S.C. § 1383(b)(1)(A); 20 C.F.R. § 416. 542(b)(1). Accordingly, I recommend that this case be dismissed.