Sechrist v. Colvin

Filing 33

ORDER adopting 32 Memorandum and Recommendation, denying 22 Motion for Judgment on the Pleadings, granting 24 Motion for Judgment on the Pleadings affirming defendant's final decision and dismissing this action. Signed by Chief Judge James C. Dever III on 8/20/2014. (Tripp, S.)

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA EASTERN DIVISION No. 4:13-CV-167-D ALBERT W. SECHRIST, Plaintiff, v. ) ) ) ) ) ORDER ) CAROLYN W. COLVIN, ) Acting Commissioner of Social Security, ) ) Defendant. ) On July 31, 2014, Magistrate Judge Jones issued a Memorandum and Recommendation ("M&R") [D.E. 32]. In that M&R, Judge Jones recommended that the court deny plaintiffs motion for judgment on the pleadings [D.E. 22], grant defendant's motion for judgment on the pleadings [D.E. 24], 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) (alteration in original) (emphasis and quotation omitted); see 28 U.S.C. ยง636(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 [D.E. 32]. In sum, plaintiff's motion for judgment on the pleadings [D.E. 22] is DENIED, defendant's motion for judgment on the pleadings [D.E. 24] is GRANTED, defendant's final decision is AFFIRMED, and this action is DISMISSED. The clerk shall close the case. SO ORDERED. This l.._Oday of August 2014. SC.DEVERill J Chief United States District Judge 2

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