Borwegen v. Social Security Administration

Filing 14

ORDER ADOPTING REPORT 13 of Chief Magistrate Judge Calson, DISMISSING pro se pltf Borwegan's appeal 1 from decision of administrative law judge, & directing Clrk of Ct to CLOSE case. (See order for complete details.) Signed by Chief Judge Christopher C. Conner on 7/12/16. (ki)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
ANDREW JAMES BORWEGAN,
Plaintiff
v.
CAROLYN COLVIN, Acting
Commissioner of Social Security,
Defendant

:
:
:
:
:
:
:
:
:
:

CIVIL ACTION NO. 1:15-CV-953
(Chief Judge Conner)

ORDER
AND NOW, this 12th day of July, 2016, upon consideration of the report
(Doc. 13) of Chief Magistrate Judge Martin C. Carlson, recommending that the court
dismiss the appeal of pro se plaintiff Andrew James Borwegan (“Borwegan”) from
the decision of the administrative law judge for failure to prosecute pursuant to
Federal Rule of Civil Procedure 41 and also on the merits, and it appearing that
Borwegan did not object to the report, see FED. R. CIV. P. 72(b)(2), and the court
noting that failure of a party to timely object to a magistrate judge’s conclusions
“may result in forfeiture of de novo review at the district court level,” Nara v. Frank,
488 F.3d 187, 194 (3d Cir. 2007) (citing Henderson v. Carlson, 812 F.2d 874, 878-79 (3d
Cir. 1987)), but that, as a matter of good practice, a district court should “afford some
level of review to dispositive legal issues raised by the report,” Henderson, 812 F.2d
at 878; see also Taylor v. Comm’r of Soc. Sec., 83 F. Supp. 3d 625, 626 (M.D. Pa. 2015)
(citing Univac Dental Co. v. Dentsply Int’l, Inc., 702 F. Supp. 2d 465, 469 (M.D. Pa.
2010)), in order to “satisfy itself that there is no clear error on the face of the record,”

FED. R. CIV. P. 72(b), advisory committee notes, and, following an independent
review of the record, the court in agreement with Judge Carlson’s recommendation,
and concluding that there is no clear error on the face of the record, it is hereby
ORDERED that:
1.

The report (Doc. 13) of Chief Magistrate Judge Carlson is ADOPTED.

2.

The appeal (Doc. 1) of pro se plaintiff Andrew James Borwegan from
the decision of the administrative law judge is DISMISSED.

3.

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