Demery v. Colvin
ORDER denying 23 Motion for Judgment on the Pleadings and granting 25 Motion for Judgment on the Pleadings. Signed by Chief Judge James C. Dever III on 5/23/2014. (Sawyer, D.)
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
BARBARA J. DEMERY,
CAROLYN W. COLVIN,
Acting Commissioner of Social Security, )
On April28, 2014, Magistrate Judge Swank issued a Memorandum and Recommendation
("M&R") [D.E. 28]. In that M&R, Judge Swank recommended that the court deny plaintiffs motion
for judgment on the pleadings [D.E. 23], grant defendant's motion for judgment on the pleadings
[D.E. 25], 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
In sum, plaintiff's motion for judgment on the pleadings [D.E. 23] is DENIED, defendant's
motion for judgment on the pleadings [D.E. 25] is GRANTED, defendant's final decision is
AFFIRMED, and this action is DISMISSED. The clerk shall close the case.
SO ORDERED. This l.3._ day ofMay 2014.
Chief United States District Judge
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