HURLEY v. COLVIN

Filing 17

ORDER ADOPTING REPORT AND RECOMMENDATIONS OF MAGISTRATE JUDGE MARILYN HEFFLEY. THE PLAINIFF'S REQUEST FOR REVIEW IS GRANTED IN PART AND DENIED IN PART. THE FINAL DECISION OF THE COMMISSIONER IS VACATED AND THIS MATTER IS REMANDED TO THE COMMISSIONER. THE CLERK OF COURT IS DIRECTED TO MARK THIS MATTER AS CLOSED. SIGNED BY HONORABLE EDWARD G. SMITH ON 2/17/16. 2/17/16 ENTERED AND COPIES E-MAILED. (ky, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
JOHN HURLEY, JR.,
Plaintiff,
v.
CAROLYN W. COLVIN,
COMMISSIONER OF SOCIAL
SECURITY,
Defendant.

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CIVIL ACTION NO. 14-6620

ORDER
AND NOW, this 17th day of February, 2016, after considering the complaint (Doc. No.
3), the administrative record (Doc. No. 6), the answer to the complaint (Doc. No. 7), the
plaintiff’s brief and statement of issues in support of request for review (Doc. No. 11), the
defendant’s response to the request for review (Doc. No. 12), the plaintiff’s reply brief (Doc. No.
14), and the report and recommendation filed by United States Magistrate Judge Marilyn Heffley
(Doc. No. 15); and no party having filed objections to the report and recommendation;
accordingly, it is hereby ORDERED as follows:
1.

The report and recommendation (Doc. No. 15) is APPROVED and ADOPTED; 1

2.

The plaintiff’s request for review is GRANTED IN PART and DENIED IN

PART;

1

Since neither party filed objections to Judge Heffley’s report and recommendation, the court need not review the
report before adopting it. Henderson v. Carlson, 812 F.2d 874, 878 (3d Cir. 1987). Nonetheless, “the better practice
is for the district judge to afford some level of review to dispositive legal issues raised by the report.” Id. As such,
the court will review the report for plain error. See Oldrati v. Apfel, 33 F. Supp. 2d 397, 399 (E.D. Pa. 1998) (“In
the absence of a timely objection, . . . this Court will review [the magistrate judge’s] Report and Recommendation
for clear error.” (internal quotation marks omitted)). The court may “accept, reject, or modify, in whole or in part,
the findings or recommendations made by the magistrate judge.” 28 U.S.C. § 636(b)(1)(C). The court has reviewed
Judge Heffley’s report for plain error and has found none.

3.

The final decision of the Commissioner is VACATED and this matter is

REMANDED to the Commissioner, pursuant to sentence four of 42 U.S.C. § 405(g), for further
proceedings consistent with the report and recommendation; and
4.

The clerk of court is DIRECTED to mark this matter as CLOSED.

BY THE COURT:

/s/ Edward G. Smith ___
EDWARD G. SMITH, J.

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