Elawyers Elawyers
Washington| Change

Kersey v. Saul, 7:18-CV-130-D. (2019)

Court: District Court, E.D. North Carolina Number: infdco20190621c04 Visitors: 13
Filed: Jun. 20, 2019
Latest Update: Jun. 20, 2019
Summary: ORDER JAMES C. DEVER, III , District Judge . On June 3, 2019, Magistrate Judge Jones issued a Memorandum and Recommendation ("M&R") [D.E. 19] and recommended that the court grant plaintiff's motion for judgment on the pleadings [D.E. 13], deny defendant's motion for judgment on the pleadings [D.E. 15], and remand the action to the Commissioner. 1 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 t
More

ORDER

On June 3, 2019, Magistrate Judge Jones issued a Memorandum and Recommendation ("M&R") [D.E. 19] and recommended that the court grant plaintiff's motion for judgment on the pleadings [D.E. 13], deny defendant's motion for judgment on the pleadings [D.E. 15], and remand the action to the Commissioner.1 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 itselfthat 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. See Thomas v. Berryhill, 916 F.3d 307, 313-14 (4th Cir. 2019). Accordingly, the court adopts the conclusions in the M&R [D.E. 19].

In sum, the court GRANTS plaintiff's motion for judgment on the pleadings [D.E. 13], DENIES defendant's motion for judgment on the pleadings [D.E. 15], and REMANDS the action to the Commissioner pursuant to 42 U.S.C. § 405(g).

SO ORDERED.

FootNotes


1. Under Federal Rule of Civil Procedme 25(d), the court substitutes Andrew M. Saul for Nancy A. Berryhill as Commissioner of Social Security. See Fed. R. Civ. P. 25(d).
Source:  Leagle

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question
Search for lawyers by practice areas.
Find a Lawyer