Musser v. Kijakazi
Musser v. Kijakazi
Trial Court Opinion
IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
DALE MUSSER, No. 1:22-CV-01677
Plaintiff, (Chief Judge Brann)
v. (Magistrate Judge Bloom)
KILOLO KIJAKAZI, Acting Commissioner of Social Security,
Defendant.
ORDER NOVEMBER 29, 2023 Dale Musser filed this action seeking review of a decision by the Acting Commissioner of Social Security (“Commissioner”) denying Musser’s claim for social security disability benefits.1 On October 23, 2023, Magistrate Judge Daryl F. Bloom issued a Report and Recommendation recommending that this Court affirm the Commissioner’s decision.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, 13. 2 Doc. 16. 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 Bloom’s conclusion that the Commissioner’s decision is supported by substantial evidence. Consequently, IT IS HEREBY ORDERED that:
1. Magistrate Judge Daryl F. Bloom’s Report and Recommendation (Doc. 16) is ADOPTED; 2. The Commissioner’s decision is AFFIRMED; 3. Final Judgment is entered in favor of Defendant and against Musser
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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