Opinion
Civil Action 19-2874
08-21-2023
ROBERT NATHAN, Plaintiff v. KILOLO KIJAKAZI, Acting Commissioner of the Social Security Administration, Defendant
ORDER
GENE E.K. PRATTER, UNITED STATES DISTRICT JUDGE
AND NOW, this 21st day of August, 2023, upon consideration of the Commissioner's Motion to Dismiss (Doc. No. 8), Plaintiffs Answer thereto (Docket No. 18), and after review of the Report and Recommendation of United States Magistrate Judge Carol Sandra Moore Wells (Doc. No. 21), it is hereby ORDERED that:
No party filed objections to Magistrate Judge Wells's Report and Recommendation. “When no timely objection is filed, the court need only satisfy itself that there is no clear error on the face of the record in order to accept the recommendation.” Fed.R.Civ.P. 72(b), advisory committee notes; see also Henderson v. Carlson, 812 F.2d 874, 878 (3d Cir. 1987) (noting that “in the absence of objections,... the better practice is for the district court judge to afford some level of review to dispositive legal issues raised by the report” and recommendation). This Court has discretion to “accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge,” regardless of whether objections have been made. 28 U.S.C. § 636(b)(1). Upon review, the Court finds no clear error in the Report and Recommendation.
1. The Report and Recommendation (Doc. No. 21) is APPROVED and ADOPTED.
2. The Commissioner's Motion to Dismiss (Doc. No. 8) is DENIED.