Layton v. Colvin
ORDER ADOPTING REPORT 12 of Magistrate Judge Carlson, AFFIRMING decision of Commissioner denying app for disability insurance benefits & supp'l security income of Layton, directing Clrk of Ct to enter jdgmt in favor of Commissioner & against Layton per Para 2, & directing Clrk of Ct to CLOSE case. (See order for complete details) Signed by Chief Judge Christopher C. Conner on 2/8/18. (ki)
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
VALENTINA VERNARDA LAYTON,
NANCY A. BERRYHILL, Acting
Commissioner of Social Security,
CIVIL ACTION NO. 3:16-CV-2437
(Chief Judge Conner)
AND NOW, this 8th day of February, 2018, upon consideration of the report
(Doc. 12) of Magistrate Judge Martin C. Carlson, recommending that the court deny
the appeal of plaintiff Valentina Vernarda Layton (“Layton”) from the decision of the
administrative law judge denying her application for disability insurance benefits
and supplemental security income, and it appearing that Layton 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
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
The report (Doc. 12) 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 Valentina Vernarda Layton (“Layton”) is AFFIRMED.
The Clerk of Court shall enter judgment in favor of the Commissioner and
against Layton 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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