Basnight v. Astrue

Filing 48

ORDER denying 41 Plaintiff's Motion for Judgment on the Pleadings and granting 44 Defendant's Motion for Judgment on the Pleadings. Signed by Chief Judge James C. Dever III on 7/30/2012. (Sawyer, D.)

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IN TIIE UNITED STATES DISTRICT COURT FOR TIIE EASTERN DISTRICT OF NORTH CAROLINA NORTIIERN DIVISION No.2:11-CV-26-D SANDY CHRISTINE BASNIGHT, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner of the Social Security Administration, Defendant. ) ) ) ) ) ) ) ) ) ) ORDER ) On May 29, 2012, Magistrate Judge Webb issued a Memorandum and Recommendation ("M&R") [D.E. 47]. In the M&R, Judge Webb recommended that the court deny plaintiff's motion for judgment on the pleadings [D.E. 41], grant defendant's motion for judgment on the pleadings [D.E. 44], and affirm defendant's final decision. Neither party filed objections to the M&R. "The Federal Magistrates Act requires a district court to make a de novo determination of those portions ofthe [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) (alteration in original) (emphasis and quotation omitted). 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 ofthe record in order to accept the recommendation." Id. (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. Plaintiff's motion for judgment on the pleadings [D.E. 41] is DENIED, defendant's motion for judgment on the pleadings [D.E. 44] is GRANTED, defendant's final decision is AFFIRMED, and this action is DISMISSED. The clerk shall close the case. SO ORDERED. This.1.O.. day of July 2012. ~Sc.DEVERm Chief United States District Judge 2

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