Mundell v. Colvin

Filing 15

ORDER ADOPTING REPORT 12 of Magistrate Judge Saporito, AFFIRMING decision of Commissioner denying app for disability insurance benefits & SSI of Mundell, directing Clrk of Ct to enter jdgmt in favor of commissioner & against Mundell, & directing Clrk of Ct to CLOSE case. (See order for complete details.) Signed by Chief Judge Christopher C. Conner on 4/12/17. (ki)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
WILLIAM J. MUNDELL, JR.,
Plaintiff
v.
NANCY A. BERRYHILL, Acting
Commissioner of Social Security,1
Defendant

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CIVIL ACTION NO. 1:15-CV-1975
(Chief Judge Conner)

ORDER
AND NOW, this 12th day of April, 2017, upon consideration of the report
(Doc. 12) of Magistrate Judge Joseph F. Saporito, Jr., recommending the court
deny the appeal of William J. Mundell, Jr. (“Mundell”), from the decision of the
administrative law judge denying his application for disability insurance benefits
and supplemental security income, and the court noting that Mundell objects to the
report, (Doc. 13), and the Commissioner of Social Security (“Commissioner”) filed a
response (Doc. 14) 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

1

Carolyn W. Colvin (“Colvin”) was Acting Commissioner of Social Security
when the instant action was filed against her in her official capacity. On January
23, 2017, Nancy A. Berryhill succeeded Colvin as Acting Commissioner. Pursuant
to Federal Rule of Civil Procedure 25(d), Nancy A. Berryhill is substituted as the
defendant in this action. See FED. R. CIV. P. 25(d).

portions, see Cruz v. Chater, 990 F. Supp. 375, 376-78 (M.D. Pa. 1999), 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); see Fargnoli v. Massanari,
247 F.3d 34, 38 (3d Cir. 2001), and finding Judge Saporito’s analysis to be thorough,
well-reasoned, and fully supported by the record, and further finding Mundell’s
objections to be without merit and squarely addressed by the report, it is hereby
ORDERED that:
1.

The report (Doc. 12) of Magistrate Judge Saporito is ADOPTED.

2.

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

3.

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