Hardy v. Colvin

Filing 32

ORDER GRANTING 26 Plaintiff's Motion for Judgment on the Pleadings, and DENYING 28 Defendant's Motion for Judgment on the Pleadings. This action is remanded to the Commissioner for further proceedings under sentence four of 42 U.S.C. § 405(g). Signed by US Chief Judge James C. Dever, III, on 5/24/2014. (Fisher, M.)

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA WESTERN DIVISION No. 5:13-CV-275-D WILLIE E. HARDY, ) Plaintiff, v. ) ) ) ) ORDER ) CAROLYN W. COLVIN, ) Acting Commissioner of Social Security, ) ) Defendant. ) On April25, 2014, Magistrate Judge Swank issued a Memorandum and Recommendation ("M&R") [D.E. 31]. In that M&R, Judge Swank recommended that the court grant plaintiff's motion for judgment on the pleadings [D.E. 26], deny defendant's motion for judgment on the pleadings [D.E. 28], and remand the action to the Commissioner under sentence four of 42 U.S.C. § 405(g). 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 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); 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. 31]. In sum, plaintiff's motion for judgment on the pleadings [D.E. 26] is GRANTED, defendant's motion for judgment on the pleadings [D.E. 28] is DENIED, and this action is REMANDED to the Commissioner for further proceedings under sentence four of 42 U.S. C. § 405(g). SO ORDERED. This :Vi·day ofMay 2014. 2

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