Bruton v. Colvin

Filing 15

ORDER ADOPTING REPORT 14 of Magistrate Judge Saporito, AFFIRMING decision of Commissioner denying Bruton's app for disability insurance benefits & supp'l security income, directing Clrk of Ct to enger 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 3/6/18. (ki)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
NEIL C. BRUTON,
Plaintiff
v.
NANCY A. BERRYHILL, Acting
Commissioner of Social Security,
Defendant

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CIVIL ACTION NO. 3:16-CV-2342
(Chief Judge Conner)

ORDER
AND NOW, this 6th day of March, 2018, upon consideration of the
report (Doc. 14) of Magistrate Judge Joseph F. Saporito, Jr., recommending
that the court deny the appeal of plaintiff Neil C. Bruton (“Bruton”) from the
decision of the administrative law judge denying Bruton’s application for disability
insurance benefits and supplemental security income, and it appearing that Bruton
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. 14) of Magistrate Judge Saporito is ADOPTED.

2.

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

3.

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