Matcheson v. Colvin
ORDER ADOPTING REPORT 11 of Magistrate Judge Carlson, AFFIRMING decisoin of Commissioner denying app for disability insurance benefits & supp'l security income of Matcheson, & directing Clrk of Ct to enter jdgmt in favor of deft & against pltf & to CLOSE case. (See order for complete details.) Signed by Chief Judge Christopher C. Conner on 9/6/17. (ki)
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
TRACY LEE MATCHESON,
NANCY A. BERRYHILL, Acting
Commissioner of Social Security,1
CIVIL ACTION NO. 1:16-CV-671
(Chief Judge Conner)
AND NOW, this 6th day of September, 2017, upon consideration of the report
(Doc. 11) of Magistrate Judge Martin C. Carlson, recommending the court deny the
appeal of Tracy Lee Matcheson (“Matcheson”) from the decision of the administrative
law judge denying her application for disability insurance benefits and supplemental
security income, and it appearing that Matcheson did not object to the report, see FED.
R. CIV. P. 72(b)(2), and the court observing 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,
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).
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 being in agreement with Judge Carlson
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 concluding
that there is no clear error on the face of the record, it is hereby ORDERED that:
The report (Doc. 11) of Magistrate Judge Carlson is ADOPTED.
The decision of the Commissioner of Social Security (“Commissioner”)
denying the application for disability insurance benefits and supplemental
security income of Tracy Lee Matcheson (“Matcheson”) is AFFIRMED.
The Clerk of Court shall enter judgment in favor of the Commissioner and
against Matcheson as set forth in paragraph 2.
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
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