KETTERER v. ASTRUE

Filing 25

ORDER THAT THE REPORT AND RECOMMENDATION IS APPROVED AND ADOPTED. MR. KETTERER'S REQUEST FOR REVIEW IS GRANTED IN PART AND DENIED IN PART. THE CASE IS REMANDED TO THE COMMISSIONER FOR FURTHER PROCEEDINGS CONSISTENT WITH JUDGE CARACAPPA'S REPORT AND RECOMMENDATION. THE CLERK OF COURT SHALL MARK THIS CASE CLOSED FOR STATISTICAL PURPOSES. SIGNED BY HONORABLE GENE E.K. PRATTER ON 3/25/2014. 3/25/2014 ENTERED AND COPIES E-MAILED.(amas)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA

JOSEPH KETTERER,
Plaintiff,
v.
CAROLYN W. COLVIN 1,
Commissioner of the
Social Security Administration,
Defendant.

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CIVIL ACTION
NO. 12-cv-06578

ORDER
AND NOW, this 25th day of March, 2014, upon consideration of the administrative
record, the brief in support of review filed by Plaintiff (Doc. No. 15), Defendant’s response
thereto (Doc. No. 17), Plaintiff’s reply thereto (Doc. Nos. 20-21), and Defendant’s surreply
(Doc. No. 22), and after review of the Report and Recommendation of United States Magistrate
Linda K. Caracappa to which no objections have been filed, 2 it is hereby ORDERED that:
1. The Report and Recommendation is APPROVED AND ADOPTED;
2. Mr. Ketterer’s Request for Review is GRANTED IN PART and DENIED IN PART;
3. The case is remanded to the Commissioner in accordance with sentence four of 42
U.S.C. § 405(g) for further proceedings consistent with Judge Caracappa’s Report
and Recommendation;

1

Carolyn W. Colvin became the Acting Commissioner of Social Security on February 14,
2013. Pursuant to Rule 25(d) of the Federal Rules of Civil Procedure, Carolyn W. Colvin should
be the defendant in this suit.
2
The Local Rules provide that “[a]ny party may object to a magistrate judge’s order
determining a motion or matter . . . within fourteen (14) days after issuance of the magistrate
judge’s order . . . .” E.D. Pa. Local R. Civ. P. 72.1(IV)(a). Judge Caracappa issued her Report
and Recommendation on March 7, 2014 (Doc. No. 24); objections were therefore due March 21,
2014.

4. The Clerk of Court shall mark this case CLOSED for all purposes, including
statistics.
BY THE COURT:
S/Gene E.K. Pratter
GENE E.K. PRATTER
United States District Judge