Howell v. Colvin
Filing
23
MEMORANDUM (Order to follow as separate docket entry).Signed by Honorable Malachy E Mannion on 9/5/17. (bs)
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF PENNSYLVANIA
STEPHANIE HOWELL,
:
Plaintiff
:
:
v.
NANCY A. BERRYHILL,
ACTING COMMISSIONER OF
SOCIAL SECURITY,1
Defendant
CIVIL ACTION NO. 3:16-0633
(JUDGE MANNION)
:
:
:
MEMORANDUM
Pending before the court is the report of Magistrate Judge Martin C.
Carlson filed on August 14, 2017, which recommends that the plaintiff’s
request for a new administrative hearing be granted and the Commissioner’s
decision denying the plaintiff’s application for benefits be vacated. (Doc. 21).
On August 21, 2017, the defendant waived the opportunity to respond to
Judge Carlson’s report, (Doc. 22), and, as of this date, the plaintiff has failed
to file objections to Judge Carlson’s report.
When no objections are 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.
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.
R. Civ. P. 72(b), advisory committee notes; see also Univac Dental Co. v.
Dentsply Intern., Inc., 702 F.Supp.2d 465, 469 (M.D.Pa. 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 Carlson for
recommending that the plaintiff’s request for a new administrative hearing be
granted and the denial of her application for benefits be vacated. Because the
court agrees with the sound reasoning that led Judge Carlson 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: September 5, 2017
O:\Mannion\shared\MEMORANDA - DJ\CIVIL MEMORANDA\2016 MEMORANDA\16-0633-01.wpd
2
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