Thomas v. Colvin

Filing 20

ORDER granting 14 Motion for Judgment on the Pleadings; denying 16 Motion for Judgment on the Pleadings; adopting 19 Memorandum and Recommendations. Signed by Chief Judge James C. Dever III on 3/17/2017. (Briggeman, N.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
EASTERN DIVISION
No. 4:16-CV-15-D

CHERYL DENISE THOMAS,
Plaintiff,

v.

)
)
)
)

)

ORDER

)
NANCY A. BERRYHILL,
)
Acting Commissioner of Social Security, )
)
Defendant. )

On February 15, 2017, Magistrate Judge Numbers issued a Memorandum and
Re.commendation ("M&R") [D.E. 19] and recommended that plaintiffs motion for judgment on the
pleadings [D.E. 14] be grante~, that defendant's motion for judgment on the pleadings [D.E. 16] 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 ofthose
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)
(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 f~e of the record. Accordingly, the court adopts the conclusions in the M&R
[D.E. 19]. Plaintiffs motion for judgment on the pleadings [D.E. 14] is GRANTED, defendant's

motion for judgment on the pleadings [D.E. 16] is DENIED, and the action is REMANDED to the
Commissioner under sentence four of 42 U.S.C. § 405(g).
SO ORDERED. This _r:!_ day ofMarch 2017.

Chief United States District Judge

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