Romanowski v. Colvin

Filing 21

MEMORANDUM (Order to follow as separate docket entry)Signed by Honorable Malachy E Mannion on 9/28/17. (bs)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF PENNSYLVANIA
PETER PAUL ROMANOWSKI,
Plaintiff
v.
NANCY A. BERRYHILL,
Acting Commissioner of the
Social Security Administration.
Defendant

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CIVIL ACTION NO. 3:16-1547
(MANNION, D.J.)
(MEHALCHICK, M.J.)

MEMORANDUM
Pending before the court is the report of Judge Karoline Mehalchick,
which recommends that the final decision of the Commissioner denying the
plaintiff’s claim for disability benefits be vacated and that the case be
remanded to the Commissioner for further proceedings pursuant to 42
U.S.C. §405(g). (Doc. 19). The Commissioner has waived the opportunity
to file objections to Judge Mehalchick’s report. (Doc. 20). The plaintiff has
not filed any objections to Judge Mehalchick’s report, and the time within
which he was permitted to do so 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 Int’l, Inc., 702 F. Supp. 2d 465, 469 (2010)
(citing Henderson v. Carlson, 812 F.2d 874, 878 (3d Cir. 1987) (explaining
that

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 Mehalchick
for recommending that this case be remanded to the Commissioner to fully
develop the record, conduct a new administrative hearing, and properly
evaluate the evidence. Because the court agrees with the sound reasoning
that led Judge Mehalchick to the conclusions in her 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 follow.

s/ Malachy E. Mannion
MALACHY E. MANNION
United States District Judge

Date: September 28, 2017

O:\Mannion\shared\MEMORANDA - DJ\CIVIL MEMORANDA\2016 MEMORANDA\16-1547-01.docx

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