Keech v. Kijakazi

Filing 16

ORDER adopting 15 Memorandum and Recommendation. The Commissioner's decision is REVERSED and the matter is REMANDED. Signed by Chief U.S. District Judge Richard E. Myers II on 7/9/2024. (McNally, Kimberly)

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA EASTERN DIVISION Case No. 4:23-CV-00139-M ) ) ) Plaintiff, ) V. ) ) MARTIN O' MALLEY, ) Commissioner of Social Security, ) ) Defendant. ) __________ ) STEWART KEECH, ORDER Before the court is the Plaintiffs brief in support of his social security appeal. DE 11. Pursuant to 28 U.S.C. § 636(b)(l) and Federal Rule of Civil Procedure 72(b), United States Magistrate Judge Kimberly A. Swank issued a Memorandum and Recommendation ("Recommendation"), recommending that the court remand this matter to the Commissioner for further proceedings. DE 15. To date, no objections have been filed. A magistrate judge 's recommendation carries no presumptive weight. The court "may accept, reject, or modify, in whole or in part, the ... recommendation[] ... receive further evidence or recommit the matter to the magistrate judge with instructions." 28 U.S.C. § 636(b)(l); accord Mathews v. Weber, 423 U.S. 261, 271 (1976). The court "shall make a de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made." Id.§ 636(b)(l). Absent a specific and timely objection, the court reviews only for "clear error" and need not give any explanation for adopting the recommendation. Diamond v. Colonial Life & Accident Ins. Co., 416 F.3d 310, 315 (4th Cir. 2005). Upon careful review of the Recommendation and the record presented, and finding no clear error, the court ADOPTS the recommendation of the magistrate judge as its own. For the reasons stated therein, the Commissioner's decision is REVERSED and the matter is REMANDED pursuant to sentence four of 42 U.S.C. § 405(g) for further proceedings consistent with the Recommendation and this order. SO ORDERED this q~ day of July, 2024. ~J [ Nl".w~ ~ RICHARD E. MYERS II CHIEF UNITED STATES DISTRICT JUDGE 2

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