Welch v. Berryhill
Welch v. Berryhill
Trial Court Opinion
IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
SHANE WELCH, No. 4:18-CV-02188
Plaintiff, (Judge Brann)
v. (Chief Magistrate Judge Schwab)
ANDREW SAUL,1 Commissioner of Social Security,
Defendant.
ORDER MARCH 27, 2020 Shane Welch filed this action seeking review of a decision by the Commissioner of Social Security (“Commissioner”) denying Welch’s claim for social security disability benefits.2 On March 3, 2020, Chief Magistrate Judge Susan E. Schwab issued a Report and Recommendation recommending that this Court affirm the Commissioner’s decision and close this case.3 No timely objections were filed to this Report and Recommendation.
1 Pursuant to Federal Rule of Civil Procedure 25(d), Andrew Saul, as the successor officer to Nancy Berryhill, Acting Commissioner of Social Security, is automatically substituted as Defendant in this action. 2 Docs. 1, 11. Where no objection is made to a report and recommendation, this Court will review the recommendation only for clear error.4 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.5 Upon review of the record, the Court finds no clear error in Chief Magistrate Judge Schwab’s
conclusion that the Commissioner’s decision is supported by substantial evidence. Consequently, IT IS HEREBY ORDERED that: 1. Chief Magistrate Judge Susan E. Schwab’s Report and Recommendation (Doc. 13) is ADOPTED;
2. The Commissioner’s decision 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);
and 4. The Clerk of Court is direct to CLOSE this case.
BY THE COURT:
s/ Matthew W. Brann Matthew W. Brann United States District Judge
4 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). 5
28 U.S.C. § 636(b)(1); Local Rule 72.31.
Reference
- Status
- Unknown