HARRIS v. BERRYHILL

Filing 25

ORDER THAT MAGISTRATE JUDGE RUETER'S REPORT AND RECOMMENDATION IS APPROVED AND ADOPTED. PLAINTIFFS REQUEST FOR REVIEW (DOC. 15) IS DENIED. JUDGMENT IS ENTERED IN FAVOR OF THE COMMISSIONER. THE CLERK OF COURT SHALL CLOSE THIS CASE. SIGNED BY HONORABLE GERALD J. PAPPERT ON 8/12/19. 8/12/19 ENTERED AND COPIES E-MAILED.(rf, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
LENARD D. HARRIS,
Plaintiff,

CIVIL ACTION
NO. 18-984

v.
ANDREW M. SAUL, Acting
Commissioner of Social Security,1
Defendant.
ORDER

AND NOW, this 12th day of August, 2019, upon consideration of the
Administrative Record and the Report and Recommendation filed by United States
Magistrate Judge Thomas J. Rueter, (ECF No. 23), and it appearing that neither
Plaintiff nor Commissioner have objected to the report,2 it is hereby ORDERED that:
1. Magistrate Judge Rueter’s Report and Recommendation is APPROVED and
ADOPTED;
2. Plaintiff’s request for review, (ECF No. 15), is DENIED;
3. Judgment is ENTERED in favor of the Commissioner and
4. The Clerk of Court shall CLOSE this case.

On June 17, 2019, Andrew M. Saul succeeded Nancy A. Berryhill as Acting Commissioner.
Thus, pursuant to Federal Rule of Civil Procedure 25(d) and 42 U.S.C. § 405(g), Saul is substituted
as the defendant in this action. See FED. R. CIV. P. 25(d); 42 U.S.C. § 405(g).
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 Rueter’s Recommendation.
2

BY THE COURT:

/s/ Gerald J. Pappert
GERALD J. PAPPERT, J.