Andrews v. Astrue

Filing 36

ORDER ADOPTING 35 Memorandum and Recommendation, DENYING 25 Plaintiff's Motion for Summary Judgment, and GRANTING 29 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 Chief District Judge James C. Dever, III on 2/5/2014. (Fisher, M.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
WESTERN DIVISION
No. 5:12-CV-607-D

JOSEPH ANDREWS,
Plaintiff,

v.

)
)
)
)

)

ORDER

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

On January 13, 2014, Magistrate Judge Swank issued a Memorandum and Recommendation
("M&R") [D.E. 35]. In that M&R, Judge Swank recommended that the court deny plaintiff's motion
for judgment on the pleadings [D.E. 25], grant defendant's motion for judgment on the pleadings
[D.E. 29], and affirm defendant's final decision. Neither party objected to the M&R.
"The Federal Magistrates Act requires a district court to make a de novo determination of
those portions of the [magistrate judge's] report or specified proposed fmdings 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); see 28 U.S.C. §636(b). 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."
Diamond, 416 F .3d at 315 (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. Accordingly, the court adopts the conclusions in the M&R
[D.E.35].

In sum, plaintiff's motion for judgment on the pleadings [D.E. 25] is DENIED, defendant's

motion for judgment on the pleadings [D.E. 29] is GRANTED, defendant's fmal decision is
AFFIRMED, and this action is DISMISSED. The clerk shall close the case.
SO ORDERED. This $ day of February 2014.

Chief United States District Judge

2