McNeal v. Berryhill
ORDER adopting 20 Memorandum and Recommendations; granting 15 Motion for Judgment on the Pleadings; denying 17 Motion for Judgment on the Pleadings. Signed by Chief Judge James C. Dever III on 2/7/2018. (Briggeman, N.)
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
NANCY A. BERRYHILL,
Acting Commissioner of Social Security, )
On January 23, 2018, Magistrate Judge Swank issued a Memorandum and Recommendation
("M&R") [D.E. 20] and recommended that plaintiff's motion for judgment on the pleadings [D.E. 15]
be granted, that defendant's motion for judgment on the pleadings [D.E. 17] 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 of the magistrate judge's report or specified proposed fmdings 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
[D.E. 20]. Plaintiff's motion for judgment on the pleadings [D.E. 15] is GRANTED, defendant's
motion for judgment on the pleadings [D.E. 17] is DENIED, and the action is REMANDED to the
Commissioner under sentence four of 42 U.S.C. § 405(g).
SO ORDERED. This_]_ day of February 2018.
Chief United States District Judge
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