Allens v. Astrue

Filing 46

ORDER granting 37 Plaintiff's Motion for Judgment on the Pleadings and denying 42 Defendant's Motion for Judgment on the Pleadings. Signed by Chief Judge James C. Dever III on 8/26/2012. (Sawyer, D.)

IN THE UNITED STATES DISTRlCT COURT

FOR THE EASTERN DISTRlCT OF NORTH CAROLINA

WESTERN DIVISION

No.5:11-CV-21O-D

CYNTHIA M. ALLENS,
Plaintiff,

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

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ORDER

On July 2, 2012, Magistrate Judge Webb issued a Memorandum and Recommendation
("M&R") [D.E. 45]. In the M&R, Judge Webb recommended that the court grant plaintiff's motion
for judgment on the pleadings [D.E. 37], deny defendant's motion for judgment on the pleadings
[D.E. 42], and remand the case to the Commissioner pursuant to sentence four of42 U.S.C. 405(g).
Neither party filed 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 specified proposed fmdings or recommendations
to which objection is made." Diamondv. 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 of the record. Plaintiff's motion for judgment on the pleadings [D.E.
37] is GRANTED, defendant's motion for judgment on the pleadings [D.E. 42] is DENIED, and

this action is REMANDED to the Commissioner pursuant to sentence four of 42 U.S.C. 405(g).
The clerk is directed to close the case.
SO ORDERED. This l,G,day ofAugust 2012.

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