Guard v. Colvin

Filing 29

ORDER ADOPTING REPORT 24 of Magistrate Judge Saporito, AFFIRMING dec of Commissioner denying app for supp'l security income & disability ins benefits for G. Guard, directing Clrk of Ct to enter jdgmt in favor of Comm & against Guard, & directing Clrk of Ct to CLOSE case. (See order for complete details.) Signed by Chief Judge Christopher C. Conner on 2/3/16. (ki)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
GERTRUDE T. GUARD,
Plaintiff
v.
CAROLYN W. COLVIN, Acting
Commissioner of Social Security,
Defendant

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CIVIL ACTION NO. 1:14-CV-2239
(Chief Judge Conner)

ORDER
AND NOW, this 3rd day of February, 2016, upon consideration of the
report (Doc. 24) of Magistrate Judge Joseph F. Saporito, Jr., recommending that the
court dismiss the appeal (Doc. 1) of Gertrude T. Guard (“Guard”) from the decision
of the administrate law judge denying her application for supplemental security
income and disability insurance benefits, and, following an independent review of
the record, the court being in agreement with Judge Saporito that the decision of the
administrative law judge is “supported by substantial evidence,” 42 U.S.C. § 405(g);
Fargnoli v. Massanari, 247 F.3d 34, 38 (3d Cir. 2001), and the court noting that Guard
filed objections (Doc. 27) to the report, and that the Commissioner of Social Security
(“Commissioner”) waived the opportunity to respond, (see Doc. 28), and following a
de novo review of the contested portions of the report, see Behar v. Pa. Dep’t of
Transp., 791 F. Supp. 2d 383, 389 (M.D. Pa. 2011) (citing Sample v. Diecks, 885 F.2d
1099, 1106 n.3 (3d Cir. 1989); 28 U.S.C. § 636(b)(1)(C)), and applying a clear error
standard of review to the uncontested portions, see Cruz v. Chater, 990 F. Supp. 375,

376-78 (M.D. Pa. 1999), the court finding Judge Saporito’s analysis to be thorough,
well-reasoned, and fully supported by the record, and further finding Guard’s
objection to be without merit and squarely addressed by the report, it is hereby
ORDERED that:
1.

The report (Doc. 24) of Magistrate Judge Saporito is ADOPTED.

2.

The decision of the Commissioner of Social Security (“Commissioner”)
denying the application for supplemental security income and
disability insurance benefits of Gertrude T. Guard is AFFIRMED.

3.

The Clerk of Court shall enter judgment in favor of the Commissioner
and against Gertrude T. Guard as set forth in paragraph 2.

4.

The Clerk of Court is directed to CLOSE this case.

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