Prebish v. Berryhill, 3:18cv710. (2019)
Court: District Court, M.D. Pennsylvania
Number: infdco20190708575
Visitors: 1
Filed: Jun. 28, 2019
Latest Update: Jun. 28, 2019
Summary: ORDER JAMES M. MUNLEY , District Judge . AND NOW, to wit, this 28 th day of June 2019, we have before us for disposition Magistrate Judge Martin C. Carlson's report and recommendation, which proposes the granting plaintiff's request for a new administrative hearing in this Social Security appeal. No objections to the report and recommendation have been filed, and the time for such filing has passed. Therefore, in deciding whether to adopt the report and recommendation, we must determin
Summary: ORDER JAMES M. MUNLEY , District Judge . AND NOW, to wit, this 28 th day of June 2019, we have before us for disposition Magistrate Judge Martin C. Carlson's report and recommendation, which proposes the granting plaintiff's request for a new administrative hearing in this Social Security appeal. No objections to the report and recommendation have been filed, and the time for such filing has passed. Therefore, in deciding whether to adopt the report and recommendation, we must determine..
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ORDER
JAMES M. MUNLEY, District Judge.
AND NOW, to wit, this 28th day of June 2019, we have before us for disposition Magistrate Judge Martin C. Carlson's report and recommendation, which proposes the granting plaintiff's request for a new administrative hearing in this Social Security appeal. No objections to the report and recommendation have been filed, and the time for such filing has passed. Therefore, in deciding whether to adopt the report and recommendation, we must determine if a review of the record evidences plain error or manifest injustice. FED. R. CIV. P. 72(b) 1983 Advisory Committee Notes ("When no timely objection is filed, the court need only satisfy itself that there is no clear error on the face of the record to accept the recommendation"); see also 28 U.S.C. § 636(b)(1); Sullivan v. Cuyler, 723 F.2d 1077, 1085 (3d Cir. 1983).
After a careful review, we find neither a clear error on the face of the record nor a manifest injustice, and therefore, we shall adopt the report and recommendation. It is hereby ORDERED as follows:
1) The magistrate judge's report and recommendation (Doc. 16) is ADOPTED;
2) The Commissioner's final decision denying plaintiff's claims is hereby VACATED;
3) Plaintiff's request for a new administrative hearing is GRANTED;
4) The Clerk of Court is directed to remand this case to the Commissioner for a new administrative hearing consistent with the magistrate judge's report and recommendation; and
5) The Clerk of Court is directed to enter judgment in favor of plaintiff and against the defendant and to close this case, and
Source: Leagle
