Boykin v. Astrue

Filing 36

ORDER granting 29 Motion for Judgment on the Pleadings and denying 31 Motion for Judgment on the Pleadings. Signed by Chief Judge James C. Dever III on 2/28/2012. (Sawyer, D.)

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTII CAROLINA WESTERN DIVISION No.5:10-CV-580-D BRENDA K. BOYKIN, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant. ) ) ) ) ) ) ) ) ) ) ORDER On February 6,2012, Magistrate Judge Daniel issued a Memorandum and Recommendation ("M&R") [D.E. 35]. In the M&R, Judge Daniel recommended that the court grant Brenda K. Boykin's ("Boykin" or "plaintiff") motion for judgment on the pleadings, deny Michael J. Astrue's ("Commissioner" or "defendant") motion for judgment on the pleadings, and remand the action to the Commissioner pursuant to sentence four of42 U.S.C. ยง 405(g) for further proceedings consistent with the M&R. No party objected 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 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). 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 ofthe record in order to accept the recommendation." Id. (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 ofthe record. Plaintiff's motion for judgment on the pleadings [D.E. 29] is GRANTED, defendant's motion for judgment on the pleadings [D.E. 31] is DENIED, and the action is REMANDED to the Commissioner for proceedings as set forth in the M&R. SO ORDERED. This 18.. day of February 2012. fUnited States District Judge 2

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