Filed: Aug. 05, 2014
Latest Update: Aug. 05, 2014
Summary: ORDER JAMES C. DEVER, III, Chief District Judge. On June 24, 2014, Magistrate Judge Swank issued a Memorandum and Recommendation ("M&R") [D.E. 30]. In that M&R, Judge Swank recommended that the court deny plaintiff's motion for judgment on the pleadings [D.E. 25], grant defendant's motion for judgment on the pleadings [D.E. 27], and affirm defendant's fmal decision. Neither party objected to the M&R. "The Federal Magistrates Act requires a district court to make a de novo determination of tho
Summary: ORDER JAMES C. DEVER, III, Chief District Judge. On June 24, 2014, Magistrate Judge Swank issued a Memorandum and Recommendation ("M&R") [D.E. 30]. In that M&R, Judge Swank recommended that the court deny plaintiff's motion for judgment on the pleadings [D.E. 25], grant defendant's motion for judgment on the pleadings [D.E. 27], and affirm defendant's fmal decision. Neither party objected to the M&R. "The Federal Magistrates Act requires a district court to make a de novo determination of thos..
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ORDER
JAMES C. DEVER, III, Chief District Judge.
On June 24, 2014, Magistrate Judge Swank issued a Memorandum and Recommendation ("M&R") [D.E. 30]. In that M&R, Judge Swank recommended that the court deny plaintiff's motion for judgment on the pleadings [D.E. 25], grant defendant's motion for judgment on the pleadings [D.E. 27], and affirm defendant's fmal decision. Neither party objected to the M&R.
"The Federal Magistrates Act requires a district court to make a de novo determination of those portions of the magistrate judge's report or specified proposed findings or recommendations to which objection is made." Diamond v. Colonial Life & Accident Ins. Co., 416 F.3d 310, 315 (4th Cir. 2005) (emphasis, alteration, and quotation omitted); see 28 U.S.C. § 636(b). Absent a timely objection, "a district court need not conduct a de novo review, but instead must only satisfy itself that there is no clear error on the face of the record in order to accept the recommendation." Diamond, 416 F.3d at 315 (quotation omitted).
The court has reviewed the M&R, the record, and the briefs. The court is satisfied that there is no clear error on the face of the record. Accordingly, the court adopts the conclusions in the M&R [D.E. 30].
In sum, plaintiff's motion for judgment on the pleadings [D.E. 25] is DENIED, defendant's motion for judgment on the pleadings [D.E. 27] is GRANTED, defendant's flnal decision is AFFIRMED, and this action is DISMISSED. The clerk shall close the case.
SO ORDERED.