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Johns v. Astrue

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF PENNSYLVANIA


June 30, 2008

ALLEN S. JOHNS, PLAINTIFF,
v.
MICHAEL J. ASTRUE, COMMISSIONER OF SOCIAL SECURITY, DEFENDANT.

The opinion of the court was delivered by: Judge Kosik

MEMORANDUM AND ORDER

NOW, this 30th day of June, 2008, it appearing to the court that:

(1) On August 2, 2007, the plaintiff filed the above-styled action pursuant to 42 U.S.C. § 405(g) to seek review of the defendant's decision to deny the plaintiff's claim for Supplemental Security Income;

(2) This matter was assigned to Magistrate Judge Malachy E. Mannion;

(3) The parties filed appropriate briefs, and the Magistrate Judge issued a Report and Recommendation on June 4, 2008;

(4) In the Report and Recommendation, the Magistrate Judge concluded that the decision of the ALJ was supported by substantial evidence and he recommended that the plaintiff's appeal be denied;

(5) Neither the plaintiff nor the defendant filed objections to the Report and Recommendation;

AND, IT FURTHER APPEARING THAT:

(6) If no objections are filed to a magistrate judge's report and recommendation, the plaintiff is not statutorily entitled to a de novo review of his claims. See 28 U.S.C. § 636(b)(1)(C); Thomas v. Arn, 474 U.S. 140, 150--53 (1985). Nonetheless, the usual practice of the district court is to give "reasoned consideration" to a magistrate judge's report prior to adopting it. See Henderson v. Carlson, 812 F.2d 874, 878 (3d Cir. 1987).

(7) Having considered the Magistrate Judge's Report, we agree with the recommendation; ACCORDINGLY, IT IS HEREBY ORDERED THAT:

(1) The Report and Recommendation of Magistrate Judge Malachy E. Mannion dated June 4, 2008 is ADOPTED;

(2) The plaintiff's appeal is DENIED; and

(3) The Clerk of Court is directed to CLOSE this case and to FORWARD a copy of this Memorandum and Order to the Magistrate Judge.

Edwin M. Kosik United States District Judge

20080630

© 1992-2008 VersusLaw Inc.



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