CALVERT v. COLVIN

Filing 15

ORDER THAT PLAINTIFFS OBJECTIONS TO THE REPORT AND RECOMMENDATION, ECF NO. 13 , ARE OVERRULED; THE REPORT AND RECOMMENDATION, ECF NO. 12 , IS APPROVED AND ADOPTED; PLAINTIFFS REQUEST FOR REVIEW, ECF NO. 7 , IS DENIED; THE FINAL ORDER OF THE COMMISSIONER OF SOCIAL SECURITY IS AFFIRMED; AND THIS CASE IS CLOSED. SIGNED BY HONORABLE JOSEPH F. LEESON, JR ON 9/27/16. 9/27/16 ENTERED AND COPIES E-MAILED.(mas, )

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF PENNSYLVANIA
__________________________________________
JODI M. CALVERT,

:
:
:
v.
:
:
CAROLYN W. COLVIN,
:
Acting Commissioner of Social Security,
:
Defendant.
:
__________________________________________
Plaintiff,

No. 2:14-cv-05521

ORDER
AND NOW, this 27th day of September, 2016, upon consideration of Plaintiff’s
Complaint, ECF No. 1, Defendant’s Answer, ECF No. 5, Plaintiff’s Brief and Statement in
Support of Request for Review, ECF No. 7, Defendant’s Response to Request for Review, ECF
No. 8, and Plaintiff’s Reply, ECF No. 10, and after de novo review 1 of the Report and
Recommendation (“R&R”) of Marilyn Heffley, United States Magistrate Judge, ECF No. 12,
Plaintiff’s Objections to the R&R, ECF No. 13, and the complete Administrative Record, ECF
No. 4, IT IS ORDERED THAT:
1.

Plaintiff’s objections to the Report and Recommendation, ECF No. 13, are

OVERRULED;

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When objections to a report and recommendation have been filed, “the court shall make a
de novo determination of those portions of the report or specified proposed findings or
recommendations to which objection is made.” 28 U.S.C. § 636(b)(1)(C); Sample v. Diecks, 885
F.2d 1099, 1106 n.3 (3d Cir. 1989); Goney v. Clark, 749 F.2d 5, 6-7 (3d Cir. 1984). “District
Courts, however, are not required to make any separate findings or conclusions when reviewing
a Magistrate Judge’s recommendation de novo under 28 U.S.C. § 636(b).” Hill v. Barnacle, No.
15-3815, 2016 U.S. App. LEXIS 12370, at *16-17 (3d Cir. 2016). The “court may accept, reject,
or modify, in whole or in part, the findings and recommendations” contained in the report. 28
U.S.C. § 636(b)(1)(C).
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2.

The Report and Recommendation, ECF No. 12, is APPROVED and

ADOPTED;
3.

Plaintiff’s Request for Review, ECF No. 7, is DENIED;

4.

The final order of the Commissioner of Social Security is AFFIRMED; and

5.

This case is CLOSED.

BY THE COURT:

/s/ Joseph F. Leeson, Jr.__________
JOSEPH F. LEESON, JR.
United States District Judge

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