Hair v. Astrue

Filing 34

ORDER granting 28 Plaintiff's Motion for Judgment on the Pleadings and denying 30 Defendant's Motion for Judgment on the Pleadings. Signed by US District Judge James C. Dever III on 7/11/2011. (Sawyer, D.)

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF NORTH CAROLINA

WESTERN DIVISION

No.5:10-CV-309-D

PAMELA FAYE HAIR,
Plaintiff,

v.
MICHAEL J. ASTRUE,
Commissioner of Social Security,
Defendant.

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ORDER

On June 16, 2011, Magistrate Judge Gates issued a Memorandum and Recommendation
("M&R"). In that M&R, Judge Gates recommended that plaintiffs motion for judgment on the
pleadings be granted, defendant's motion for judgment on the pleadings be denied, and defendant's
flnal decision denying the request for beneflts be reversed and remanded to the Commissioner
pursuant to sentence four of 42 U.S.C. § 405(g) for further proceedings consistent with the
Memorandum and Recommendation. No party flIed objections to the M&R.
"The Federal Magistrates Act requires a district court to make a de novo determination of
those portions ofthe [magistrate judge's] report or specifled proposed flndings 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 removed) (quotation omitted). Absent a timely
objection, "adistrict court need not conduct a de novo review, but instead must only satisfy itselfthat
there is no clear error on the face of the record in order to accept the recommendation." rd.
(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. Plaintiff's motion for judgment on the pleadings is
GRANTED, defendant's motion for judgment on the pleadings is DENIED, and the action is
REMANDED to the Commissioner.
SO ORDERED. This 3L day of July 2011.

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JSC.DEVERID
United States District Judge

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