ONEAL v. COLVIN

Filing 13

ORDER ADOPTING REPORT AND RECOMMENDATIONS OF MAGISTRATE JUDGE TIMOTHY R. RICE. PLAINTIFF'S REQUEST FOR REVIEW IS GRANTED INSOFAR AS HE REQUESTS THAT THE COURT VACATE THE DECISION OF THE COMMISSIONER AND REMAND THE FURTHER PROCEEDINGS. THE FINA L 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 THE CLERK OF COURT IS DIRECTED TO MARK THIS MATTER AS CLOSED. SIGNED BY HONORABLE EDWARD G. SMITH ON 1/12/16. 1/12/16 ENTERED AND COPIES E-MAILED. (ky, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
OSCAR ONEAL,
CIVIL ACTION NO. 15-3330

Plaintiff,
v.
CAROLYN W. COL VIN,
COMMISSIONER OF SOCIAL
SECURITY,
Defendant.

ORDER
AND NOW, this 12th day of January, 2016, after considering the complaint (Doc. No.
3), the answer (Doc. No.

8), and the administrative record (Doc. No. 7); and after considering the

report and recommendation filed by United States Magistrate Judge Timothy R. Rice (Doc. No.
12); and after reviewing the plaintiffs motion in support of request for review and supporting
brief (Doc. No. 9) and the defendant's response to the request for review (Doc. No. 12); and no
party having filed objections to the report and recommendation; accordingly, it is hereby

ORDERED as follows:
1.

1
The report and recommendation (Doc. No. 12) is APPROVED and ADOPTED;

2.

The plaintiffs request for review is GRANTED insofar as he requests that the

court vacate the decision of the Commissioner and remand for further proceedings;

1 Since neither party has filed objections to Judge Rice's report and recommendation, the court need not review the
report before adopting it. Henderson v. Carlson, 81 2 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)(l)( C). The court has reviewed
Judge Rice'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:

. .
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bl

EDWARD G. SMITH, J.

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