Holst v. Saul, 4:18-CV-02182. (2019)
Court: District Court, M.D. Pennsylvania
Number: infdco20191024d44
Visitors: 6
Filed: Oct. 23, 2019
Latest Update: Oct. 23, 2019
Summary: ORDER MATTHEW W. BRANN , District Judge . Judith P. Holst filed this action seeking review of a decision by the Commissioner of Social Security ("Commissioner") denying Holst's claim for social security disability benefits and supplemental security income. 2 On September 10, 2019, Magistrate Judge Martin C. Carlson issued a Report and Recommendation recommending that this Court vacate the Commissioner's decision, remand this matter for further proceedings, and close this case. 3 No timel
Summary: ORDER MATTHEW W. BRANN , District Judge . Judith P. Holst filed this action seeking review of a decision by the Commissioner of Social Security ("Commissioner") denying Holst's claim for social security disability benefits and supplemental security income. 2 On September 10, 2019, Magistrate Judge Martin C. Carlson issued a Report and Recommendation recommending that this Court vacate the Commissioner's decision, remand this matter for further proceedings, and close this case. 3 No timely..
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ORDER
MATTHEW W. BRANN, District Judge.
Judith P. Holst filed this action seeking review of a decision by the Commissioner of Social Security ("Commissioner") denying Holst's claim for social security disability benefits and supplemental security income.2 On September 10, 2019, Magistrate Judge Martin C. Carlson issued a Report and Recommendation recommending that this Court vacate the Commissioner's decision, remand this matter for further proceedings, and close this case.3 No timely objections were filed to this Report and Recommendation.
Where no objection is made to a report and recommendation, this Court will review the recommendation only for clear error.4 Regardless of whether timely objections are made, district courts may accept, reject, or modify—in whole or in part—the findings or recommendations made by the magistrate judge.5 Upon review of the record, the Court finds no clear error in Magistrate Judge Carlson's conclusion that the Commissioner's decision is not supported by substantial evidence. Consequently, IT IS HEREBY ORDERED that:
1. Magistrate Judge Martin C. Carlson's Report and Recommendation (Doc. 14) is ADOPTED;
2. The Commissioner's decision is VACATED, and this matter is REMANDED for further proceedings;
3. Final Judgment is entered in favor of Plaintiff and against Defendant pursuant to Fed. R. Civ. P. 58 and sentence four of 42 U.S.C. § 405(g).
4. The Clerk of Court is direct to CLOSE this case.
FootNotes
1. Pursuant to Federal Rule of Civil Procedure 25(d), Andrew Saul, as the successor officer to Nancy Berryhill, Acting Commissioner of Social Security, is automatically substituted as Defendant in this action.
2. Doc. 1.
3. Doc. 14.
4. Fed. R. Civ. P. 72(b), advisory committee notes; see Henderson v. Carlson, 812 F.2d 874, 878 (3d Cir. 1987) (explaining that court should in some manner review recommendations regardless of whether objections were filed).
5. 28 U.S.C. § 636(b)(1); Local Rule 72.31.
Source: Leagle
