Cleary v. Kijakazi

District Court, M.D. Pennsylvania

Cleary v. Kijakazi

Trial Court Opinion

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

CHERYL CLEARY, No. 1:22-CV-00031

Plaintiff, (Chief Judge Brann)

v. (Magistrate Judge Carlson)

KILOLO KIJAKAZI, Acting Commissioner of Social Security,

Defendant.

ORDER MARCH 21, 2023 Cheryl Cleary filed this action seeking review of a decision by the Acting Commissioner of Social Security (“Commissioner”) denying Cleary’s claim for social security disability benefits.1 On February 9, 2023, Magistrate Judge Martin C. Carlson issued a Report and Recommendation recommending that this Court affirm the Commissioner’s decision and close this case.2 No timely objections were filed to this Report and Recommendation. Where no objection is made to a report and recommendation, this Court will review the recommendation only for clear error.3 Regardless of whether timely

1 Docs. 1, 14. 2 Doc. 17. 3 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 objections are made, district courts may accept, reject, or modify—in whole or in part—the findings or recommendations made by the magistrate judge.4 Upon review

of the record, the Court finds no error, clear or otherwise, in Magistrate Judge Carlson’s conclusion that the Commissioner’s decision is supported by substantial evidence. Consequently, IT IS HEREBY ORDERED that:

1. Magistrate Judge Martin C. Carlson’s Report and Recommendation (Doc. 17) is ADOPTED; 2. The Commissioner’s decision is AFFIRMED; 3. Final Judgment is entered in favor of Defendant and against Cleary

pursuant to Fed. R. Civ. P. 58 and sentence four of

42 U.S.C. § 405

(g); and 4. The Clerk of Court is directed to CLOSE this case.

BY THE COURT:

s/ Matthew W. Brann Matthew W. Brann Chief United States District Judge

4

28 U.S.C. § 636

(b)(1); Local Rule 72.31.

Reference

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