Green v. Saul

District Court, M.D. Pennsylvania

Green v. Saul

Trial Court Opinion

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

CATHY GREEN, No. 3:21-CV-00033

Plaintiff, (Chief Judge Brann)

v. (Magistrate Judge Saporito)

KILOLO KIJAKAZI,1 Acting Commissioner of Social Security,

Defendant.

ORDER SEPTEMBER 6, 2022 Cathy Green filed this action seeking review of a decision of the Acting Commissioner of Social Security (“Commissioner”) denying Green’s claim for social security disability benefits.2 In July 2022, Magistrate Judge Joseph F. Saporito, Jr., issued a Report and Recommendation recommending that this Court affirm the Commissioner’s decision and close this case.3 Green filed timely objections to the Report and Recommendation, raising several claimed errors in Magistrate Judge Saporito’s Report and Recommendation.4 “If a party objects timely to a magistrate judge’s report and recommendation, the district court must ‘make a de novo determination of those portions of the report or specified

1 Pursuant to Federal Rule of Civil Procedure 25(d), Kilolo Kijakazi, as the successor officer to Andrew Saul, Commissioner of Social Security, is automatically substituted as Defendant in this action. 2 Docs. 1, 17. 3 Doc. 22. proposed findings or recommendations to which objection is made.’”5 Regardless of whether timely objections are made, district courts may accept, reject, or modify—in

whole or in part—the magistrate judge’s findings or recommendations.6 Upon de novo review of the record, the Court finds no error in Magistrate Judge Saporito’s recommendation. Although Green disputes some of Magistrate Judge Saporito’s observations and conclusions, Magistrate Judge Saporito correctly

determined that, as a whole, the Commissioner’s decision is supported by substantial evidence. Consequently, IT IS HEREBY ORDERED that: 1. Magistrate Judge Joseph F. Saporito’s Report and Recommendation (Doc. 22) is ADOPTED; 2. The Commissioner’s decision is AFFIRMED;

3. Final Judgment is entered in favor of Defendant and against Green 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

5 Equal Emp’t Opportunity Comm’n v. City of Long Branch,

866 F.3d 93, 99

(3d Cir. 2017) (quoting

28 U.S.C. § 636

(b)(1)).

Reference

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