Orndorff v. Colvin

Filing 26

ORDER ADOPTING REPORT of Magistrate Judge Cohn 23 , AFFIRMING decision of Commissioner denying app for supp'l security income & disability benefits of Orndorff, directing Clrk of Ct to enter jdgmt in favor of Commissioner & against Orndorff & to CLOSE case. (See order for complete details.) Signed by Chief Judge Christopher C. Conner on 4/13/16. (ki)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
TAMMY J. ORNDORFF,
Plaintiff
v.
CAROLYN W. COLVIN, Acting
Commissioner of Social Security,
Defendant

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CIVIL ACTION NO. 1:14-CV-2465
(Chief Judge Conner)

ORDER
AND NOW, this 13th day of April, 2016, upon consideration of the report (Doc.
23) of Magistrate Judge Gerald B. Cohn, recommending that the court dismiss the
appeal of Tammy J. Orndorff (“Orndorff”) from the decision of the administrative
law judge denying her application for supplemental security income and disability
insurance benefits, and the court noting that Orndorff filed objections (Doc. 24) to
the report, and that the Commissioner of Social Security (“Commissioner”) filed a
response (Doc. 25) thereto, 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 being
in agreement with Judge Cohn that the decision of the administrative law judge is
“supported by substantial evidence,” 42 U.S.C. § 405(g); see Fargnoli v. Massanari,

247 F.3d 34, 38 (3d Cir. 2001), and finding Judge Cohn’s analysis to be thorough, wellreasoned, and fully supported by the record, and further finding Orndorff’s
objections to be without merit and squarely addressed by the report, it is hereby
ORDERED that:
1.

The report (Doc. 23) of Magistrate Judge Cohn is ADOPTED.

2.

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

3.

The Clerk of Court shall enter judgment in favor of the Commissioner
and against Orndorff 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