Miranda v. Berryhill
Filing
19
ORDER ADOPTING REPORT AND RECOMMENDATION - IT IS HEREBY ORDERED that 18 Report and Recommendation is adopted in full; the decision of the Commissioner is affirmed; final judgment is entered in favor of Defendant and against Plaintiff; Clerk directed to close the case. Signed by Honorable Matthew W. Brann on 1/10/19. (lg)
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
JODY LYNN MIRANDA,
No. 4:18-CV-00055
Plaintiff,
(Judge Brann)
v.
(Magistrate Judge Schwab)
NANCY BERRYHILL,
Acting Commissioner of Social
Security,
Defendant.
ORDER
JANUARY 10, 2019
Plaintiff filed the instant action on January 9, 2018, 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 December 4, 2018 Chief Magistrate Judge Susan E. Schwab, to whom
this matter is jointly assigned, issued a thorough report and recommendation
recommending that the decision of the Commissioner be affirmed and the matter
dismissed.
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 the recitation of facts 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 Susan E. Schwab’s December 4, 2018 Report and
Recommendation, ECF No. 18, is ADOPTED in full.
2.
The decision of the Commissioner of Social Security is AFFIRMED.
3.
Final Judgment is entered in favor of Defendant and against Plaintiff
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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