Herrera v. Astrue

Filing 26

ORDER ADOPTING MEMORANDUM AND RECOMMENDATIONS DENYING 20 Plaintiff's Motion for Judgment on the Pleadings, and GRANTING 22 Defendant's Motion for Judgment on the Pleadings. The defendant's final decision is AFFIRMED, and this action is DISMISSED. The Clerk shall close this case. Signed by US Chief Judge James C. Dever, III on 8/30/2013. Counsel is directed to read Order in its entirety for critical information. (Fisher, M.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
WESTERN DIVISION
No. 5:12-CV-568-D
JOSE HERRERA,
Plaintiff,

v.

)
)
)
)

)

ORDER

)
CAROLYN W. COLVIN,
)
Acting Commissioner of Social Security, )
)
Defendant.
)

On August 12, 2013, Magistrate Judge Webb issued a Memorandum and Recommendation
("M&R") [D.E. 25]. In the M&R, Judge Webb recommended that the court deny plaintiff's motion
for judgment on the pleadings [D.E. 20], grant defendant's motion for judgment on the pleadings
[D.E. 22], and affirm defendant's final decision. 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 findings or recommendations
towhichobjectionismade." 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 of the 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.
20] is DENIED, defendant's motion for judgment on the pleadings [D.E. 22] is GRANTED,
defendant's final decision is AFFIRMED, and this action is DISMISSED. The clerk shall close
the case.

SO ORDERED. This .J.O.. day of August 2013.

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