MCCLOSKEY v. COLVIN

Filing 15

ORDER THAT THE REPORT AND RECOMMENDATION IS APPROVED AND ADOPTED. PLAINTIFF'S REQUEST FOR REVIEW IS GRANTED, AND THE MATTER IS REMANDED TO THE COMMISSIONER OF SOCIAL SECURITY FOR FURTHER PROCEEDINGS. JUDGMENT IS ENTERED BY SEPARATE DOCUMENT. THE CLERK OF COURT SHALL MARK THIS CASE CLOSED FOR STATISTICAL PURPOSES. SIGNED BY HONORABLE GERALD J. PAPPERT ON 11/20/2017. 11/20/2017 ENTERED AND COPIES E-MAILED.(amas)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
DARRIN ROBERT MC CLOSKEY,
Plaintiff,
v.

CIVIL ACTION
NO. 16-02758

NANCY A. BERRYHILL,1 Acting
Commissioner of Social Security
Defendant.
ORDER
AND NOW this 20th day of November, 2017, upon consideration of the parties’
submissions, and after careful and independent review of the Report and
Recommendation of United States Magistrate Judge Richard A. Lloret (ECF No. 13), it
is ORDERED that:

1. The Report and Recommendation is APPROVED and ADOPTED;2
2. Plaintiff’s Request for Review (Doc. 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;

3. JUDGMENT IS ENTERED by separate document, filed
contemporaneously. See Shalala v. Schaefer, 509 U.S. 292, 303 (1993);

Nancy A. Berryhill became the Acting Commissioner for Social Security on January 23, 2017.
Pursuant to Federal Rule of Civil Procedure 25(d), Ms. Berryhill should be substituted for the former
Acting Commissioner, Carolyn Colvin, as the defendant in this action.
2
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 Lloret’s recommendation.
1

Kadelski v. Sullivan, 30 F.3d 399, 402 (3d Cir. 1994); Fed. R. Civ. P. 58(a).

4. The Clerk of Court shall mark this case CLOSED for statistical
purposes.
BY THE COURT:
/s/ Gerald J. Pappert
GERALD J. PAPPERT, J.