Opinion
No. 3:16cv1461
09-29-2017
RASHON WHITEST, Plaintiff v. NANCY A. BERRYHILL, Acting Commissioner of SSA, Defendant
( )
(Magistrate Judge Schwab)
ORDER
AND NOW, to wit, this 29th day of September 2017, we have before us for disposition Magistrate Judge Susan E. Schwab's report and recommendation (Doc. 14), which proposes that plaintiff's appeal should be granted and the Commissioner's final decision denying plaintiff's claim for Supplemental Security Income be vacated. The magistrate judge further recommends remanding the case to the Commissioner of Social Security and entering judgment in favor of plaintiff.
No objections to the report and recommendation have been filed, and the time for such filing has passed. Moreover, the government has waived the opportunity to file objections. (Doc. 15). Therefore, in deciding whether to adopt the report and recommendation, we shall determine if a review of the record evidences plain error or manifest injustice. FED. R. CIV. P. 72(b) 1983 Advisory Committee Notes ("When no timely objection is filed, the court need only satisfy itself that there is no clear error on the face of the record to accept the recommendation"); see also 28 U.S.C. § 636(b)(1); Sullivan v. Cuyler, 723 F.2d 1077, 1085 (3d Cir. 1983).
After a careful review, we find neither a clear error on the face of the record nor a manifest injustice, and therefore, we shall adopt the report and recommendation. It is hereby ORDERED as follows:
1) The magistrate judge's report and recommendation (Doc. 14) is ADOPTED;
2) The Commissioner's final decision denying plaintiff's claim is VACATED and plaintiff's appeal is GRANTED;
3) The Clerk of Court is directed to remand this case to the Commissioner of Social Security for further proceedings in accordance with the report and recommendation; and
4) The Clerk of Court is directed to enter judgment in favor of plaintiff and close this case.
BY THE COURT:
/s/ _________
JUDGE JAMES M. MUNLEY
United States District Court