BOYER v. COMMISSIONER OF SOCIAL SECURITY

• Court: District Court, E.D. Pennsylvania
• Decided: March 28, 2024
• Docket: 5:23-cv-01130
• Status: Unknown

Opinion

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

DAVID BOYER, : : Plaintiff, : : v. : CIVIL ACTION : MARTIN O’MALLEY, Commissioner of : NO. 23-cv-1130 Social Security, : : Defendant. : :

ORDER

AND NOW, this 27th day of March, 2024, upon consideration of the Report and Recommendation filed by United States Magistrate Judge Lynne A. Sitarski (ECF No. 19), and upon independent review of the briefs filed by the parties, the Court notes as follows: 1. Neither Plaintiff nor the Commissioner filed an objection or response to the Report and Recommendation that Magistrate Lynne A. Sitarski issued on March 7, 2024 (ECF No. 19); 2. When the parties do not object to a report and recommendation, the Court reviews the recommendation under a plain error standard (see Oldrati v. Apfel, 33 F. Supp. 3d 397, 399 (E.D. Pa. 1998)); and 3. The Court has reviewed the record and the Report and Recommendation and finds no error. Therefore, it is ORDERED that: 1. The Report and Recommendation is APPROVED and ADOPTED; 2. Plaintiff’s Request for Review (ECF No. 13) is GRANTED, and the matter is REMANDED in accordance with the fourth sentence of 42 U.S.C. § 405(g) to the Commissioner of Social Security for further proceedings consistent with the Report and Recommendation; and 3. The Clerk of Court shall mark this case CLOSED for statistical purposes. IT IS SO ORDERED.

BY THE COURT:

/s/ John Milton Younge Judge John Milton Younge