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Coolbaugh v. Colvin

United States District Court, M.D. Pennsylvania

September 11, 2014

MICHAEL F. COOLBAUGH, Plaintiff
v.
CAROLYN W. COLVIN, Acting Commissioner of Social Security, Defendant.

ORDER

CHRISTOPHER C. CONNER, Chief District Judge.

AND NOW, this 11th day of September, 2014, upon consideration of the report (Doc. 20) of Magistrate Judge Gerald B. Cohn, recommending the court dismiss the appeal (Doc. 1) of plaintiff Michael F. Coolbaugh ("Coolbaugh") from the decision of the administrative law judge ("ALJ") denying his claim for supplemental security income, wherein Judge Cohn finds the ALJ's decision to be supported by substantial evidence, and, after an independent review of the record, the court in full agreement with Judge Cohn that the ALJ's decision is supported by substantial evidence, see 42 U.S.C. ยง 405(g) ("The findings of the [Commissioner] as to any fact, if supported by substantial evidence, shall be conclusive."); see also Fargnoli v. Massanari , 247 F.3d 34, 38 (3d Cir. 2001) ("Where... findings of fact are supported by substantial evidence, [the district court is] bound by those findings, even if [the court] would have decided the factual inquiry differently."), and it appearing that neither Coolbaugh nor the Commissioner of Social Security[1] ("Commissioner") have objected to the report, and that there is no clear error on the face of the record, [2] see Nara v. Frank , 488 F.3d 187, 194 (3d Cir. 2007) (explaining that "failing to timely object to [a report and recommendation] in a civil proceeding may result in forfeiture of de novo review at the district court level"), it is hereby ORDERED that:

1. The report (Doc. 20) of Magistrate Judge Cohn is ADOPTED in its entirety.
2. The decision of the Commissioner denying Michael F. Coolbaugh's application for supplemental security income is AFFIRMED.
3. The Clerk of Court shall enter JUDGMENT in favor of the Commissioner and against Michael F. Coolbaugh as set forth in Paragraph 2.
4. The Clerk of Court is directed to CLOSE this case.

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