Toro v. O'Malley

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA CHRISTOPHER M. TORO, SR., No. 4:24-CV-02023 Plaintiff, (Chief Judge Brann) v. (Magistrate Judge Carlson) FRANK BISIGNANO,1 Commissioner of Social Security, Defendant.

ORDER AUGUST 28, 2025 Christopher M. Toro, Sr., filed this action seeking review of a decision by the Commissioner of Social Security (“Commissioner”) denying Toro’s claim for disability insurance benefits.2 On July 31, 2025, Magistrate Judge Martin C. Carlson issued a Report and Recommendation recommending that this Court affirm the Commissioner’s decision.3 After receiving an extension of time, Toro filed timely objections to the 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 Pursuant to Federal Rule of Civil Procedure 25(d), Frank Bisignano, as the successor officer to Martin O’Malley, is automatically substituted as Defendant in this action.

2 Docs. 1, 9.

3 Doc. 13. or specified 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 Carlson’s conclusion that the Commissioner’s decision is supported by substantial evidence. Consequently, IT IS HEREBY ORDERED that: 1. Magistrate Judge Martin C. Carlson’s Report and Recommendation (Doc. 13) is ADOPTED; 2. The Commissioner’s decision is AFFIRMED; 3. Final Judgment is entered in favor of Defendant and against Toro 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 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)).

6 28 U.S.C. § 636(b)(1); Local Rule 72.31.