COTTEN v. COLVIN

Filing 17

ORDER THE CLERK OF COURT IS DIRECTED TO RETURN THIS MATTER TO THE COURT'S ACTIVE DOCKET. THE REPORT AND RECOMMENDATION (DOC. NO. 15) 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 9/15/17. 9/15/17 ENTERED AND COPIES E-MAILED.(er, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
JEFFREY L. COTTEN,
Plaintiff,
v.
NANCY A. BERRYHILL, Commissioner
of the Social Security Administration,
Defendant.

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CIVIL ACTION NO. 16-6641

ORDER
AND NOW, this 15th day of September, 2016, after considering the complaint (Doc. No.
3), the answer to the complaint (Doc. No. 7), the administrative record (Doc. No. 8), the
plaintiff’s brief and statement of issues in support of request for review (Doc. No. 10), the
defendant’s response to the request for review (Doc. No. 11), the plaintiff’s reply to the
defendant’s response (Doc. No. 14), and the report and recommendation filed by United States
Magistrate Judge Thomas J. Rueter on August 30, 2017 (Doc. No. 15); 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. 15) is APPROVED and

docket;

ADOPTED; 1
3.
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The plaintiff’s request for review is DENIED;

Since neither party filed objections to Judge Hart’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
Judge Hart’s report for plain error and has found none.

4.

The final decision of the Commissioner is AFFIRMED; and

5.

The clerk of court is DIRECTED to mark this matter as CLOSED.

BY THE COURT:

/s/ Edward G. Smith
EDWARD G. SMITH, J.

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