Cumberland County Hospital System Inc. v. Burwell
ORDER granting 67 Motion for Judgment on the Pleadings; denying 69 Motion for Judgment on the Pleadings; adopting 79 Memorandum and Recommendations. Signed by Chief Judge James C. Dever III on 3/17/2017. (Briggeman, N.)
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
CUMBERLAND COUNTY HOSPITAL
SYSTEM, INC., d/b/a Cape Fear Valley
THOMAS E. PRICE,
Secre~ of Health and Human Services,
On March 1, 2017, Magistrate Judge Gates issued a Memorandum and Recommendation
("M&R") [D.E. 79] and recommended that plaintiff's motion for judgment on the pleadings [D.E.
67] be granted, that defendant's motion for judgment on the pleadings [D .E. 69] be denied, that the
Secretary's decision be reversed, and that the action be remanded for reimbursement of plaintiff by
the Secretary. 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) (emphasis, alteration, 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 itselfthat
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. 79]. Plaintiffs motion for judgment on the pleadings [D.E. 67] is GRANTED, defendant's
motion for judgment on the pleadings [D.E. 69] is DENIED, the Secretary's final decision is
REVERSED, and the action is REMANDED for reimbursement of plaintiff as recommended by
Magistrate Judge Gates in the M&R.
SO ORDERED. This__!:!._ day ofMarch 2017.
Chief United States District Judge
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