Hebert v. Astrue

Filing 29

ORDER granting 23 Plaintiff's Motion for Judgment on the Pleadings and denying 25 Defendant's Motion for Judgment on the Pleadings. Signed by Chief Judge James C. Dever III on 7/17/2013. (Sawyer, D.)

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA EASTERN DIVISION No. 4:12-CV-141-D ROBERT K. HERBERT, Plaintiff, v. ) ) ) ) ) ORDER ) CAROLYN W. COLVIN, ) Acting Commissioner of Social Security, ) ) Defendant. ) On June 24, 2013, Magistrate Judge Gates issued a Memorandum and Recommendation ("M&R") [D.E. 28]. In the M&R, Judge Gates recommended that plaintiff's motion for judgment on the pleadings [D.E. 23] be granted, that defendant's motion for judgment on the pleadings [D.E. 25] 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 of the [magistrate judge's] report or specified proposed fmdings or recommendations towhichobjectionismade." Diamond v. ColonialLife&Accidentlns. 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. 28]. Plaintiff's motion for judgment on the pleadings [D.E. 23] is GRANTED, defendanfs motion for judgment on the pleadings [D.E. 25] is DENIED, and the action is REMANDED to the Commissioner under sentence four of 42 U.S.C. ยง 405(g). SO ORDERED. This _L( day of July 2013. 9 o ._. -D-t,!.&A J SC.DEVERill Chie United States District Judge 2

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