Opinion
1:21-CV-00855
08-31-2022
EILEEN RUTH TYSON, Plaintiff, v. KILOLO KIJAKAZI,[1] Acting Commissioner of Social Security, Defendant.
Ormsby Magistrate Judge
ORDER
Matthew W. Brann Chief United States District Judge
Eileen Ruth Tyson filed this action seeking review of a decision by the Acting Commissioner of Social Security (“Commissioner”) denying Tyson's claim for social security disability benefits. On July 25, 2022, Magistrate Judge Peter E. Ormsby issued a Report and Recommendation recommending that this Court vacate the Commissioner's decision, remand this matter for further proceedings, and close this case. No timely objections were filed to this Report and Recommendation.
Docs. 1, 11.
Doc. 20.
Where no objection is made to a report and recommendation, this Court will review the recommendation only for clear error. Regardless of whether timely objections are made, district courts may accept, reject, or modify-in whole or in part-the findings or recommendations made by the magistrate judge. Upon review of the record, the Court finds no error-clear or otherwise-in Magistrate Judge Ormsby's conclusion that the Commissioner's decision is not supported by substantial evidence. Consequently, IT IS HEREBY ORDERED that:
Fed.R.Civ.P. 72(b), advisory committee notes; see Henderson v. Carlson, 812 F.2d 874, 878 (3d Cir. 1987) (explaining that court should in some manner review recommendations regardless of whether objections were filed).
28 U.S.C. § 636(b)(1); Local Rule 72.31.
1. Magistrate Judge Peter E. Ormsby's Report and Recommendation (Doc. 20) is ADOPTED; 2. The Commissioner's decision is VACATED, and this matter is REMANDED for further proceedings consistent with this Order and Magistrate Judge Ormsby's Report and Recommendation; 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 of Court is directed to CLOSE this case.