Akers v. Colvin

Filing 20

MEMORANDUM (Order to follow as separate docket entry).Signed by Honorable Malachy E Mannion on 6/13/17. (bs)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF PENNSYLVANIA
MICHAEL MYRON AKERS,
Plaintiff,
v.

:
:

CIVIL ACTION NO. 3:15-1814

:

:
NANCY A. BERRYHILL,1
Commissioner of Social Security,
:
Defendant.
:

(MANNION, D.J.)
(COHN, M.J.)

MEMORANDUM
Pending before the court is the May 3, 2017 report of Magistrate Judge
Gerald B. Cohn, (Doc. 19), which recommends that the final decision of the
Commissioner denying the plaintiff’s claim for disability insurance benefits
(“DIB”) under the Social Security Act be affirmed and that the case be closed.
(Doc. 19). Neither the Commissioner nor the plaintiff have filed any objections
to Judge Cohn’s report. The time for filing objections has expired.
Where 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 Univac Dental Co. v. Dentsply
Intern., Inc., 702 F. Supp. 2d 465, 469 (2010) (citing Henderson v. Carlson,
812 F.2d 874, 878 (3d Cir. 1987) (explaining judges should give some review
1

On January 23, 2017, Nancy A. Berryhill became the Acting
Commissioner of Social Security. Pursuant to Federal Rule of Civil Procedure
25(d), Nancy A. Berryhill is substituted for Carolyn W. Colvin, Acting
Commissioner of Social Security, as the defendant in this suit.

to every Report and Recommendation)). Nevertheless, whether timely
objections are made or not, the district court may accept, not accept or
modify, in whole or in part, the findings or recommendations made by the
magistrate judge. 28 U.S.C. §636(b)(1); Local Rule 72.31.
The court has reviewed all of the reasons presented by Judge Cohn for
recommending that the plaintiff’s appeal of the decision denying his claim for
DIB benefits, (Doc. 1), be denied. The court agrees with the sound reasoning
that led Judge Cohn to the conclusions in his report and finds no clear error
on the face of the record. Accordingly, the court will adopt Judge Cohn’s
report in its entirety. An appropriate order shall issue.

s/ Malachy E. Mannion
MALACHY E. MANNION
United States District Judge
Date: June 13, 2017
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