Hardy v. Colvin
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.)
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
WILLIE E. HARDY,
CAROLYN W. COLVIN,
Acting Commissioner of Social Security, )
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
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.
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