KANE v. BERRYHILL
Filing
15
ORDER THAT THE CLERK OF COURT IS DIRECTED TO RETURN THIS MATTER TO THE COURTS ACTIVE DOCKET; THE REPORT AND RECOMMENDATION (DOC. NO. 14 ) IS APPROVED AND ADOPTED; THE PLAINTIFFS REQUEST FOR REVIEW IS DENIED; THE FINAL DECISION OF THE COMMISSIONER IS AFFIRMED; AND THE CLERK OF COURT IS DIRECTED TO MARK THIS MATTER AS CLOSED. SIGNED BY HONORABLE EDWARD G. SMITH ON 8/10/18. 8/10/18 ENTERED AND COPIES E-MAILED.(mas, )
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
ALICE E. KANE,
Plaintiff,
v.
NANCY A. BERRYHILL, Acting
Commissioner of the Social Security
Administration
Defendant.
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CIVIL ACTION NO. 17-4277
ORDER
AND NOW, this 10th day of August, 2018, after considering the complaint (Doc. No. 3),
the answer (Doc. No. 8), the administrative record (Doc. No. 9), the plaintiff’s brief in support of
her request for review (Doc. No. 11), the defendant’s response to the request for review (Doc.
No. 12), and the report and recommendation filed by United States Magistrate Judge Marilyn
Heffley (Doc. No. 14); and no party having filed objections to the report and recommendation;
accordingly, it is hereby ORDERED as follows:
1.
The clerk of court is DIRECTED to return this matter to the court’s active
2.
The report and recommendation (Doc. No. 14) is APPROVED and ADOPTED; 1
3.
The plaintiff’s request for review is DENIED;
4.
The final decision of the Commissioner is AFFIRMED; and
docket;
1
Since neither party filed objections to Magistrate 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 Magistrate Judge Heffley’s report for plain error and has found none.
5.
The clerk of court is DIRECTED to mark this matter as CLOSED.
BY THE COURT:
/s/ Edward G. Smith
EDWARD G. SMITH, J.
2
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