Dew, et al v. Astrue
ORDER denying 3 Motion to Remand, granting 26 Plaintiff's Motion for Judgment on the Pleadings, and denying 30 Defendant's Motion for Judgment on the Pleadings. Signed by Chief Judge James C. Dever III on 8/27/2013. (Sawyer, D.)
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
KAREN DEW, on behalf of
K. W., a minor,
CAROLYN W. COLVIN,
Acting Commissioner of Social Security, )
On August 13, 2013, Magistrate Judge Gates issued a Memorandum and Recommendation
("M&R") [D.E. 33]. In the M&R, Judge Gates recommended that plaintiff's motion for remand
[D.E. 3] be denied, that plaintiff's motion for judgment on the pleadings [D.E. 26] be granted, that
defendant's motion for judgment on the pleadings [D.E. 30] be denied, and that the action be
remanded to the Commissioner. Neither party objected 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
towhichobjectionismade." 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 of the record in order to accept the recommendation." Id. (quotation omitted).
The court has reviewed the M&R and the record. 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. 33].
Plaintiff's motion for remand [D .E. 3] is DENIED, plaintiff's motion for judgment on the pleadings
[D.E. 26] is GRANTED, defendant's motion for judgment on the pleadings [D.E. 30] is DENIED,
and the action is REMANDED to the Commissioner under sentence four of 42 U.S.C. § 405(g).
SO ORDERED. ThisU day of August 2013.
Chief United States District Judge
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