Miller v. Berryhill, 16-5394. (2018)
Court: District Court, E.D. Pennsylvania
Number: infdco20180521975
Visitors: 12
Filed: May 17, 2018
Latest Update: May 17, 2018
Summary: ORDER GERALD J. PAPPERT , District Judge . AND NOW , this 17th day of May, 2018, upon careful consideration of the Report and Recommendation filed by United States Magistrate Judge Carol Sandra Moore Wells recommending remand for further consideration (ECF No. 17), and given that the Commissioner has not objected to the report, it is hereby ORDERED that: 1. The Report and Recommendation is APPROVED and ADOPTED ; 2 2. Plaintiff's Request for Review (ECF No. 3) is GRANTED , and the
Summary: ORDER GERALD J. PAPPERT , District Judge . AND NOW , this 17th day of May, 2018, upon careful consideration of the Report and Recommendation filed by United States Magistrate Judge Carol Sandra Moore Wells recommending remand for further consideration (ECF No. 17), and given that the Commissioner has not objected to the report, it is hereby ORDERED that: 1. The Report and Recommendation is APPROVED and ADOPTED ; 2 2. Plaintiff's Request for Review (ECF No. 3) is GRANTED , and the m..
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ORDER
GERALD J. PAPPERT, District Judge.
AND NOW, this 17th day of May, 2018, upon careful consideration of the Report and Recommendation filed by United States Magistrate Judge Carol Sandra Moore Wells recommending remand for further consideration (ECF No. 17), and given that the Commissioner has not objected to the report, it is hereby ORDERED that:
1. The Report and Recommendation is APPROVED and ADOPTED;2
2. Plaintiff's Request for Review (ECF No. 3) is GRANTED, and the matter is REMANDED in accordance with the fourth sentence of 42 U.S.C. § 405(g) to the Commissioner of Social Security for further proceedings consistent with the Report and Recommendation; and
3. The Clerk of Court shall mark this case CLOSED for statistical purposes.
FootNotes
1. Nancy A. Berryhill became the Acting Commissioner for Social Security on January 23, 2017. Pursuant to Federal Rule of Civil Procedure 25(d), Berryhill should be substituted for the former Acting Commissioner, Carolyn W. Colvin, as the defendant in this action.
2. When no objection is made to a Report and Recommendation, the Court should, as a matter of good practice, "satisfy itself that there is no clear error on the face of the record in order to accept the recommendation." Fed. R. Civ. P. 72(b), advisory committee notes; see also Oldrati v. Apfel, 33 F.Supp.2d 397, 399 (E.D. Pa. 1998). No clear error appears on the face of the record and the Court accordingly accepts Judge Wells's Recommendation.
Source: Leagle
