Longcor v. Colvin
Filing
17
MEMORANDUM (Order to follow as separate docket entry).Signed by Honorable Malachy E Mannion on 4/26/17. (bs)
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF PENNSYLVANIA
WILLIAM LONGCOR,
:
Plaintiff
:
:
v.
COMMISSIONER OF SOCIAL
SECURITY,
CIVIL ACTION NO. 3:15-2261
(JUDGE MANNION)
:
:
Defendant
:
MEMORANDUM
Pending before the court is the report of Magistrate Judge Gerald B.
Cohn, which recommends that the plaintiff’s appeal of the decision of the
Commissioner of Social Security denying the plaintiff’s application for benefits
under the Act be denied and the case be closed. (Doc. 16). As of this date,
neither party has filed objections to Judge Cohn’s report.
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 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 the reasons presented by Judge Cohn for
recommending that the plaintiff’s appeal of the decision of the Commissioner
be denied. Because 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, the court will adopt the report in its entirety. An appropriate order
shall issue.
s/ Malachy E. Mannion
MALACHY E. MANNION
United States District Judge
Date: April 26, 2017
O:\Mannion\shared\MEMORANDA - DJ\CIVIL MEMORANDA\2015 MEMORANDA\15-2261-01.wpd
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