Calabrese v. Astrue et al

Filing 18

ORDER ADOPTING REPORT of Magistrate Judge Cohn 15 , AFFIRMING decision of Commissioner denying Calabrese's app for supp'l security income, directing Clrk of Ct to enter jdgmt in favor of Comm & against Calabrese, & directing Clrk of Ct to CLOSE case. (See order for complete details.) Signed by Chief Judge Christopher C. Conner on 9/15/14. (ki)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA

REBECCA L. CALABRESE,
Plaintiff
v.
CAROLYN W. COLVIN, Acting
Commissioner of Social Security,
Defendant.

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CIVIL ACTION NO. 3:12-CV-1300
(Chief Judge Conner)

ORDER
AND NOW, this 15th day of September, 2014, upon consideration of the report
(Doc. 15) of Magistrate Judge Gerald B. Cohn, recommending the court dismiss the
appeal (Doc. 1) of plaintiff Rebecca L. Calabrese (“Calabrese”) from the decision of the
administrative law judge (“ALJ”) denying her claim for supplemental security income,
wherein Judge Cohn finds the ALJ’s decision to be supported by substantial evidence,
and, after an independent review of the record, the court in full agreement with Judge
Cohn that the ALJ’s decision is supported by substantial evidence, see 42 U.S.C. § 405(g)
(“The findings of the [Commissioner] as to any fact, if supported by substantial evidence,
shall be conclusive.”); also Fargnoli v. Massanari, 247 F.3d 34, 38 (3d Cir. 2001) (“Where
. . . findings of fact are supported by substantial evidence, [the district court is] bound by
those findings, even if [the court] would have decided the factual inquiry differently.”),

and the court noting that Calabrese has filed objections1 (Doc. 16) to the report, and the
Commissioner of Social Security2 has filed a response (Doc. 17), and the court finding
Judge Cohn’s analysis to be thorough, well-reasoned, and fully supported by the record,
and the court further finding Calabrese’s objections to be without merit, and squarely
addressed by the Magistrate Judge’s report, it is hereby ORDERED that:
1.

The report (Doc. 15) of Magistrate Judge Cohn is ADOPTED.

2.

The decision of the Commissioner denying Rebecca L. Calabrese’s
application for supplemental security income is AFFIRMED.

3.

The Clerk of Court shall enter judgment in favor of the Commissioner and
against Rebecca L. Calabrese 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

1

When parties object to a magistrate judge’s report, the court performs a de
novo review of the contested portions of the report. Supinski v. United Parcel Serv.,
Civ. A. No. 06-0793, 2009 WL 113796, at *3 (M.D. Pa. Jan. 16, 2009) (citing Sample v.
Diecks, 885 F.2d 1099, 1106 n. 3 (3d Cir. 1989); 28 U.S.C. § 636(b)(1)(c)). “In this
regard, Local Rule of Court 72.3 requires ‘written objections which . . . specifically
identify the portions of the proposed findings, recommendations or report to which
objection is made and the basis for those objections.’” Id. (citing Shields v. Astrue,
Civ. A. No. 07-417, 2008 WL 4186951, at *6 (M.D. Pa. Sept. 8, 2008)).
2

Michael J. Astrue’s term as Commissioner of Social Security expired on
January 19, 2013. Pursuant to Federal Rule of Civil Procedure 25(d), Carolyn W.
Colvin, who succeeded Astrue and was appointed Acting Commissioner of Social
Security on February 14, 2013, is substituted as defendant in this action. See FED .
R. CIV . P. 25(d) (“An action does not abate when a public officer who is a party in an
official capacity dies, resigns, or otherwise ceases to hold office while the action is
pending. The officer’s successor is automatically substituted as a party.”).