IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA

ROBERT C. BOLUS, No. 3:19-CV-00269

Plaintiff, (Judge Brann)

v. (Magistrate Judge Cohn)

ANDREW SAUL,1 Commissioner of Social Security,

Defendant.

ORDER AUGUST 25, 2020 Robert C. Bolus filed this action seeking review of a decision by the Commissioner of Social Security (“Commissioner”) finding Bolus liable for an overpayment and withholding retirement payments while Bolus was incarcerated.2 In July 2020, Magistrate Judge Gerald B. Cohn issued a Report and Recommendation recommending that this Court affirm the Commissioner’s decision and close this case.3 Bolus filed timely objections to that recommendation.4 In his objections, Bolus reiterates that he was placed on work release and contends that Magistrate

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 Doc. 1. 3 Doc. 12. Judge Cohn therefore erred in concluding that the Commissioner’s decision was support by substantial evidence, as Bolus’ support was not paid through his

incarceration.5 “If a party objects timely to a magistrate judge’s report and recommendation, the district court must ‘make a de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made.’”6

Regardless of whether timely objections are made, district courts may accept, reject, or modify—in whole or in part—the magistrate judge’s findings or recommendations.7 Given the clear guidance from the relevant regulations and

precedent from the United States Court of Appeals for the Third Circuit, the Court finds no error in Magistrate Judge Cohn’s conclusion that the Commissioner’s decision is supported by substantial evidence. Consequently, IT IS HEREBY

ORDERED that: 1. Magistrate Gerald B. Cohn’s Report and Recommendation (Doc. 12) is ADOPTED; 2. The Commissioner’s decision is AFFIRMED;

5 Doc. 14. 6 Equal Emp’t Opportunity Comm’n v. City of Long Branch,

(3d Cir. 2017) (quoting

(b)(1)). 7

(b)(1); Local Rule 72.31. 3. Final Judgment is entered in favor of Defendant and against Plaintiff pursuant to Fed. R. Civ. P. 58 and sentence four of

(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