Krause v. Colvin et al

Filing 10

MEMORANDUM (Order to follow as separate docket entry).Signed by Honorable Malachy E Mannion on 7/11/16. (bs)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF PENNSYLVANIA
WILLIAM KRAUSE, JR.,
Plaintiff
v.

:
:

CIVIL ACTION NO. 3:16-0440

:

(JUDGE MANNION)

CAROLYN W. COLVIN,
:
Commissioner of Social Security,
:
Defendant
:
MEMORANDUM
Pending before the court is the report of Judge Susan E. Schwab, which
recommends that the Commissioner’s motion for change of venue pursuant
to 28 U.S.C. §1406(a) be granted and that the matter be transferred to the
United States District Court for the District of Maryland. (Doc. 9). As of this
date, no objections have been filed to Judge Schwab’s report.
Where 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 Univac Dental Co. v.
Dentsply Intern., Inc., 702 F.Supp.2d 465, 469 (2010) (citing Henderson v.
Carlson, 812 F.2d 874, 878 (3d Cir. 1987) (explaining judges should give
some review to every Report and Recommendation)). Nevertheless, whether
timely objections are made or not, the district court may accept, not accept or
modify, in whole or in part, the findings or recommendations made by the
magistrate judge. 28 U.S.C. §636(b)(1); Local Rule 72.31.

The court has reviewed the reasons presented by Judge Schwab for
recommending that the Commissioner’s motion for change of venue be
granted and the matter transferred to the District of Maryland. Because the
court agrees with the sound reasoning that led Judge Schwab to the
conclusions in her report and finds no clear error on the face of the record, the
court will adopt the report in its entirety. An appropriate order shall issue.

s/ Malachy E. Mannion
MALACHY E. MANNION
United States District Judge
Date: July 11, 2016
O:\Mannion\shared\MEMORANDA - DJ\CIVIL MEMORANDA\2016 MEMORANDA\16-0440-01.wpd

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