Moreta Mejia v. Colvin

Filing 22

ORDER ADOPTING REPORT AND RECOMMENDATIONS ;(1)The report and recommendation of Judge Schwab, (Doc. 21), is ADOPTED IN ITS ENTIRETY.(2)The plaintiffs request for a new administrative hearing, (Doc. 1), is DENIED.(3)The decision of the Commissioner denying the plaintiffs applications for DIB and SSI is AFFIRMED.(4)The Clerk of Court is directed to CLOSE THIS CASE. adopting 21 Report and Recommendations.Signed by Honorable Malachy E Mannion on 12/10/18. (bs)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF PENNSYLVANIA
YINA A. MORETA MEJIA,
Plaintiff

:

NANCY A. BERRYHILL1,
Defendant

CIVIL ACTION NO. 3:16-2558

:

v.

:

(MANNION, D.J.)

:
:
ORDER

Pending before the court is the report of Chief Magistrate Judge Susan
E. Schwab, which recommends that the plaintiff’s request for a new
administrative hearing be denied and the Commissioner’s decision denying
the plaintiff’s application for DIB and SSI benefits be affirmed. (Doc. 21).
Neither party has filed objections to Judge Schwab’s report.
When no objections are filed 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 (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
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.

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 Schwab in
support of her recommendation. Because the court agrees with the sound
reasoning that led Judge Schwab 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.
NOW, THEREFORE, IT IS HEREBY ORDERED THAT:
(1)

The report and recommendation of Judge Schwab, (Doc.
21), is ADOPTED IN ITS ENTIRETY.

(2)

The plaintiff’s request for a new administrative hearing,
(Doc. 1), is DENIED.

(3)

The decision of the Commissioner denying the plaintiff’s
applications for DIB and SSI is AFFIRMED.

(4)

The Clerk of Court is directed to CLOSE THIS CASE.

s/ Malachy E. Mannion
MALACHY E. MANNION
United States District Judge
Date: December 10, 2018
O:\Mannion\shared\ORDERS - DJ\CIVIL ORDERS\2016 ORDERS\16-2558-02.wpd

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