Jastrzebski v. Colvin

Filing 13

ORDER ADOPTING REPORT 12 of Magistrate Judge Saporito, AFFIRMING decision of Commissioner denying Jastrzebski's app for disability insurance benefits & supp'l security income, directing Clrk of Ct to enter jdgmt in favor of Commissioner & against pltf per Para 2, & directing Clrk of Ct to CLOSE case. (See order for complete details.) Signed by Chief Judge Christopher C. Conner on 3/23/18. (ki)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
MICHELLE LEE JASTRZEBSKI,
Plaintiff
v.
NANCY A. BERRYHILL, Acting
Commissioner of Social Security,
Defendant

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CIVIL ACTION NO. 3:16-CV-2229
(Chief Judge Conner)

ORDER
AND NOW, this 23rd day of March, 2018, upon consideration of the
report (Doc. 12) of Magistrate Judge Joseph F. Saporito, Jr., recommending that
the court deny the appeal of plaintiff Michelle Lee Jastrzebski (“Jastrzebski”) from
the decision of the administrative law judge denying Jastrzebski’s application for
disability insurance benefits and supplemental security income, and it appearing
that Jastrzebski 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, 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 Saporito 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:
1.

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

2.

The decision of the Commissioner denying Jastrzebski’s application
for disability insurance benefits and supplemental security income is
AFFIRMED.

3.

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