Ortiz v. Colvin

Filing 20

ORDER ADOPTING REPORT of Magistrate Judge Mehalchick 17 , AFFIRMING decision of Commissioner denying application for disability insurance benefits & supp'l security income of Ortiz, directing Clrk of Ct to enter jdgmt in favor of Commissioner & against Ortiz, & directing Clrk of Ct to CLOSE case. (See order for complete details.) Signed by Chief Judge Christopher C. Conner on 9/9/15. (ki)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
RAYMOND ORTIZ, JR.,
Plaintiff
v.
CAROLYN COLVIN,
Defendant

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CIVIL ACTION NO. 1:14-CV-1457
(Chief Judge Conner)

ORDER
AND NOW, this 9th day of September, 2015, upon consideration of the report
(Doc. 17) of Magistrate Judge Karoline Mehalchick, recommending the court dismiss
the appeal (Doc. 1) of plaintiff Raymond Ortiz, Jr., (“Ortiz”), from the decision of the
administrative law judge (“ALJ”) denying his application for disability insurance
benefits and supplemental security income, and, following an independent review of
the record, the court being in full agreement with Judge Mehalchick that the ALJ’s
decision is supported by substantial evidence, see 42 U.S.C. § 405(g) (“The findings of
the [Commissioner] as to any fact, if supported by substantial evidence, shall be
conclusive.”); see also Fargnoli v. Massanari, 247 F.3d 34, 38 (3d Cir. 2001) (“Where
. . . findings of fact are supported by substantial evidence, [the district court] is
bound by those findings, even if [the court] would have decided the factual inquiry

differently.”), and the court noting that Ortiz filed objections1 (Doc. 18) to the report,
and the Commissioner of Social Security filed a response (Doc. 19), and the court
finding Judge Mehalchick’s analysis to be thorough, well-reasoned, and fully
supported by the record, and the court further finding Ortiz’s objections to be
without merit and squarely addressed by the report, it is hereby ORDERED that:
1.

The report (Doc. 17) of Magistrate Judge Mehalchick is ADOPTED.

2.

The decision of the Commissioner of Social Security (“Commissioner”)
denying the application for disability insurance benefits and
supplemental security income of Raymond Ortiz, Jr., is AFFIRMED.

3.

The Clerk of Court shall enter judgment in favor of the Commissioner
and against Raymond Ortiz, Jr., as set forth in paragraph 2.

4.

The Clerk of Court is further directed to CLOSE this case.

/S/ CHRISTOPHER C. CONNER
Christopher C. Conner, Chief Judge
United States District Court
Middle District of Pennsylvania

1

When a party objects to a magistrate judge’s report and recommendation, the
district court performs a de novo review of the contested portions of the report. See
Behar v. Pa. Dep’t of Trans., 791 F. Supp. 2d 383, 389 (M.D. Pa. 2011) (citing Sample v.
Diecks, 885 F.2d 1099, 1106 n.3 (3d Cir. 1998); 28 U.S.C. § 636(b)(1)(C)). The court
reviews the uncontested portions of the report for “clear error on the face of the
record.” Cruz v. Chater, 990 F. Supp. 375, 376-78 (M.D. Pa. 1998).