Derek Jarvis v. Carolyn Colvin
UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion transfer case [999964569-2]; denying Motion to dismiss appeal [999990240-2] Originating case number: 8:15-cv-02226-TMD Copies to all parties and the district court/agency. . Mailed to: Derek Jarvis. [16-2181]
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UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
DEREK N. JARVIS,
Plaintiff - Appellant,
NANCY A. BERRYHILL, Acting Commissioner, Social Security Administration,
Defendant - Appellee.
Appeal from the United States District Court for the District of Maryland, at Greenbelt.
Thomas M. DiGirolamo, Magistrate Judge. (8:15-cv-02226-TMD)
Submitted: August 29, 2017
Decided: September 27, 2017
Before GREGORY, Chief Judge, and WILKINSON and DIAZ, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Derek N. Jarvis, Appellant Pro Se. Benjamin Blair Prevas, SOCIAL SECURITY
ADMINISTRATION, Baltimore, Maryland, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
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Derek N. Jarvis appeals the magistrate judge’s order upholding the
Commissioner’s denial of Jarvis’s applications for disability benefits and supplemental
security income. *
We review de novo a district court’s decision on a motion for
summary judgment. Martin v. Lloyd, 700 F.3d 132, 135 (4th Cir. 2012). In turn, a district
court will affirm the Social Security Administration’s disability determination when an
administrative law judge (“ALJ”) has applied the correct law and the ALJ’s factual
findings are supported by substantial evidence. Monroe v. Colvin, 826 F.3d 176, 186 (4th
Cir. 2016). In conducting this deferential review, the court does “not conduct a de novo
review of the evidence,” Smith v. Schweiker, 795 F.2d 343, 345 (4th Cir. 1986), or
undertake to reweigh conflicting evidence, make credibility determinations, or substitute
its judgment for that of the Commissioner. Hancock v. Astrue, 667 F.3d 470, 472 (4th
Cir. 2012). “The duty to resolve conflicts in the evidence rests with the ALJ, not with a
reviewing court.” Smith v. Chater, 99 F.3d 635, 638 (4th Cir. 1996).
We have reviewed the record and find no reversible error. The ALJ applied the
correct legal standards in evaluating Jarvis’s disability claim, and the ALJ’s factual
findings are supported by substantial evidence. Accordingly, we affirm the magistrate
judge’s order. Jarvis v. Colvin, No. 8:15-cv-02226-TMD (D. Md. Sept. 27, 2016). We
also deny Jarvis’s motion to transfer this appeal to the United States Court of Federal
The parties consented to a final disposition by the magistrate judge, pursuant to
28 U.S.C. § 636(c) (2012). Therefore, it was proper for the magistrate judge to exercise
full jurisdiction over the proceeding and to enter a final disposition.
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Claims and deny as moot the Commissioner’s motion to dismiss this appeal.
dispense with oral argument because the facts and legal contentions are adequately
presented in the materials before this court and argument would not aid the decisional
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