Opinion
Civil Action 20-5760
10-31-2022
TAMMY MARTIN Plaintiff v. KILOLO KIJAKAZI, Acting Commissioner of Social Security Defendant
ORDER
NITZA I. QUINONES ALEJANDRO JUDGE, UNITED STATES DISTRICT COURT
AND NOW, this 31st day of October 2022, upon careful and independent consideration of the administrative record, [ECF 12], the brief in support of review filed by Plaintiff, Defendant's response thereto, and Plaintiff's reply [ECFs 13-15], and the Report and Recommendation (the “R&R”) issued on October 11, 2022, by the Honorable David R. Strawbridge, United States Magistrate Judge, [ECF 17], to which no objections were filed, it is hereby ORDERED that:
1. The Report and Recommendation is APPROVED and ADOPTED;
As noted, neither Plaintiff nor the Acting Commissioner filed any objection and/or response to the Report and Recommendation (the “R&R”). In the absence of any objections, this Court reviewed the R&R under the “plain error” standard. See Facyson v. Barnhart, 2003 WL 22436274, at *2 (E.D. Pa. May 30, 2003). Under this plain error standard of review, an R&R should only be rejected if the magistrate judge commits an error that was “(1) clear or obvious, (2) affect[ed] ‘substantial rights,' and (3) seriously affected the fairness, integrity or public reputation of judicial proceedings.” Leyva v. Williams, 504 F.3d 357, 363 (3d Cir. 2007) (internal quotations and citations omitted). Here, after a thorough review of the record and the R&R, this Court finds no error was committed by the Magistrate Judge and, therefore, adopts the R&R in its entirety.
2. Plaintiff's Request for Review is DENIED;
3. Pursuant to 42 U.S.C. § 405(g), the decision of the Acting Commissioner of Social
Security is AFFIRMED, and
4. The Clerk of Court is directed to mark this matter CLOSED.