MILLER v. COLVIN
Filing
19
ORDER THAT THE REPORT AND RECOMMENDATION IS APPROVED AND ADOPTED; PLAINTIFF'S REQUEST FOR REVIEW 3 IS GRANTED, AND THE MATTER IS REMANDED IN ACCORDANCE WITH THE FOURTH SENTENCE OF 42 U.S.C. 405(g) TO THE COMMISSIONER OF SOCIAL SECURITY. THE CLERK OF COURT SHALL MARK THIS CASE CLOSED FOR STATISTICAL PURPOSES. SIGNED BY HONORABLE GERALD J. PAPPERT ON 5/17/18. 5/18/18 ENTERED AND COPIES E-MAILED.(ti, )
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
DORRIE CHARISSE MILLER,
Plaintiff,
CIVIL ACTION
NO. 16-5394
v.
NANCY A. BERRYHILL, Acting
Commissioner of Social Security, 1
Defendant.
ORDER
AND NOW, this 17th day of May, 2018, upon careful consideration of the Report
and Recommendation filed by United States Magistrate Judge Carol Sandra Moore
Wells recommending remand for further consideration (ECF No. 17), and given that the
Commissioner has not objected to the report, it is hereby ORDERED that:
1. The Report and Recommendation is APPROVED and ADOPTED; 2
2. Plaintiff’s Request for Review (ECF No. 3) is GRANTED, and the matter is
REMANDED in accordance with the fourth sentence of 42 U.S.C. § 405(g) to
the Commissioner of Social Security for further proceedings consistent with
the Report and Recommendation; and
Nancy A. Berryhill became the Acting Commissioner for Social Security on January 23, 2017.
Pursuant to Federal Rule of Civil Procedure 25(d), Berryhill should be substituted for the former
Acting Commissioner, Carolyn W. Colvin, as the defendant in this action.
1
When 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 Oldrati v. Apfel, 33 F.
Supp. 2d 397, 399 (E.D. Pa. 1998). No clear error appears on the face of the record and the Court
accordingly accepts Judge Wells’s Recommendation.
2
1
3. The Clerk of Court shall mark this case CLOSED for statistical purposes.
BY THE COURT:
/s/ Gerald J. Pappert
GERALD J. PAPPERT, J.
2
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