MCCLOSKEY v. COLVIN, 16-02758. (2017)
Court: District Court, E.D. Pennsylvania
Number: infdco20171121g04
Visitors: 9
Filed: Nov. 20, 2017
Latest Update: Nov. 20, 2017
Summary: ORDER GERALD J. PAPPERT , District Judge . AND NOW this 20th day of November, 2017, upon consideration of the parties' submissions, and after careful and independent review of the Report and Recommendation of United States Magistrate Judge Richard A. Lloret (ECF No. 13), it is ORDERED that: 1. The Report and Recommendation is APPROVED and ADOPTED; 2 2. Plaintiff's Request for Review (Doc. No. 3) is GRANTED, and the matter is REMANDED in accordance with the fourth sentence of 4
Summary: ORDER GERALD J. PAPPERT , District Judge . AND NOW this 20th day of November, 2017, upon consideration of the parties' submissions, and after careful and independent review of the Report and Recommendation of United States Magistrate Judge Richard A. Lloret (ECF No. 13), it is ORDERED that: 1. The Report and Recommendation is APPROVED and ADOPTED; 2 2. Plaintiff's Request for Review (Doc. No. 3) is GRANTED, and the matter is REMANDED in accordance with the fourth sentence of 42..
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ORDER
GERALD J. PAPPERT, District Judge.
AND NOW this 20th day of November, 2017, upon consideration of the parties' submissions, and after careful and independent review of the Report and Recommendation of United States Magistrate Judge Richard A. Lloret (ECF No. 13), it is ORDERED that:
1. The Report and Recommendation is APPROVED and ADOPTED;2
2. Plaintiff's Request for Review (Doc. 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;
3. JUDGMENT IS ENTERED by separate document, filed contemporaneously. See Shalala v. Schaefer, 509 U.S. 292, 303 (1993); Kadelski v. Sullivan, 30 F.3d 399, 402 (3d Cir. 1994); Fed. R. Civ. P. 58(a).
4. 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), Ms. Berryhill should be substituted for the former Acting Commissioner, Carolyn 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 Lloret's recommendation.
Source: Leagle
