St. Pierre v. Commissioner of Social Security Administration

District Court, M.D. Pennsylvania

St. Pierre v. Commissioner of Social Security Administration

Trial Court Opinion

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

MARC DAMIEN ST. PIERRE, No. 3:20-CV-02442

Plaintiff, (Chief Judge Brann)

v. (Magistrate Judge Ormsby)

COMMISSIONER OF SOCIAL SECURITY ADMINISTRATION,

Defendant.

ORDER JUNE 30, 2022 Marc Damien St. Pierre filed this action seeking review of a decision by the Acting Commissioner of Social Security (“Commissioner”) denying St. Pierre’s claim for social security disability benefits and supplemental security income.1 On June 9, 2022, Magistrate Judge Peter E. Ormsby issued a Report and Recommendation recommending that this Court affirm the Commissioner’s decision and close this case.2 No timely objections were filed to this Report and Recommendation. Where no objection is made to a report and recommendation, this Court will review the recommendation only for clear error.3 Regardless of whether timely

1 Docs. 1, 18. 2 Doc. 20. 3 Fed. R. Civ. P. 72(b), advisory committee notes; see Henderson v. Carlson,

812 F.2d 874, 878

(3d Cir. 1987) (explaining that court should in some manner review recommendations objections are made, district courts may accept, reject, or modify—in whole or in part—the findings or recommendations made by the magistrate judge.4 Upon review

of the record, the Court finds no clear error in Magistrate Judge Ormsby’s conclusion that the Commissioner’s decision is supported by substantial evidence. Consequently, IT IS HEREBY ORDERED that:

1. Magistrate Judge Peter E. Ormsby’s Report and Recommendation (Doc. 20) is ADOPTED; 2. The Commissioner’s decision is AFFIRMED; 3. Final Judgment is entered in favor of Defendant and against St. Pierre

pursuant to Fed. R. Civ. P. 58 and sentence four of

42 U.S.C. § 405

(g); and 4. The Clerk of Court is directed to CLOSE this case.

BY THE COURT:

s/ Matthew W. Brann Matthew W. Brann Chief United States District Judge

Reference

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