Layton v. Colvin

Filing 13

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)

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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA VALENTINA VERNARDA LAYTON, Plaintiff v. NANCY A. BERRYHILL, Acting Commissioner of Social Security, Defendant : : : : : : : : : : CIVIL ACTION NO. 3:16-CV-2437 (Chief Judge Conner) ORDER 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 that: 1. The report (Doc. 12) of Magistrate Judge Carlson is ADOPTED. 2. 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. 3. The Clerk of Court shall enter judgment in favor of the Commissioner and against Layton 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

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