Guido v. Colvin

Filing 14

ORDER ADOPTING REPORT AND RECOMMENDATION - IT IS HEREBY ORDERED that 13 Magistrate Judge Cohn's Report and Recommendation is adopted; the decision of the Commissioner is VACATED and REMANDED; final judgment is entered in favor of Plaintiff and against Defendant; clerk directed to close this case. Signed by Honorable Matthew W. Brann on 4/30/19. (lg)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
LAURA GUIDO, now by marriage
Laura Baker,

No. 4:16-CV-02390
(Judge Brann)

Plaintiff,
v.

(Magistrate Judge Cohn)

NANCY BERRYHILL,
Acting Commissioner of Social
Security,
Defendant.
ORDER
April 30, 2019
Plaintiff filed the instant action on December 1, 2016, and it was jointly
assigned to the undersigned and to a magistrate judge. Upon designation, a
magistrate judge may “conduct hearings, including evidentiary hearings, and . . .
submit to a judge of the court proposed findings of fact and recommendations.”
Once filed, this report and recommendation is disseminated to the parties in the
case who then have the opportunity to file written objections.
On March 28, 2019, Magistrate Judge Gerald B. Cohn, to whom this matter
is jointly assigned, issued a thorough report and recommendation recommending
that the decision of the Commissioner be vacated and the matter remanded.
No objections to the report and recommendation have been filed. For
portions of the report and recommendation to which no objection is made, 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.” Regardless of

whether timely objections are made by a party, the District Court may accept, not
accept, or modify, in whole or in part, the findings or recommendations made by
the magistrate judge.
Because I write solely for the parties, I will not restate the facts, but will
instead adopt their recitation as set forth by the magistrate judge. I have conducted
a de novo review here and found no error.
AND NOW, IT IS HEREBY ORDERED that:
1.

Magistrate Judge Gerald B. Cohn’s March 28, 2019 Report and
Recommendation, ECF No. 13, is ADOPTED in full.

2.

The decision of the Commissioner of Social Security is VACATED
and REMANDED.

3.

Final Judgment is entered in favor of Plaintiff and against Defendant
pursuant to Fed. R. Civ. P. 58 and sentence four of 42 U.S.C. §
405(g).

4.

The Clerk is directed to close the case file.
BY THE COURT:

s/ Matthew W. Brann
Matthew W. Brann
United States District Judge

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