Richmond v. Colvin
ORDER adopting 19 Memorandum and Recommendation, denying 14 Motion for Judgment on the Pleadings and granting 16 Motion for Judgment on the Pleadings. Signed by Senior Judge James C. Fox on 2/7/2017. (Grady, B.)
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
FELICIA MICHELLE RICHMOND,
NANCY A. BERRYHILL, 1
Acting Commissioner of Social Security,
This matter is before the court on the Memorandum and Recommendation ("M&R")
[DE-19] of United States Magistrate Judge Robert B. Jones, Jr., regarding the parties' cross
motions for judgment on the pleadings [DE-14, -16], pursuant to Rule 12(c) of the Federal Rules
of Civil Procedure.
The Magistrate Judge makes only a recommendation to this court. The recommendation
has no presumptive weight, and the responsibility to make a final determination remains with the
court. See Mathews v. Weber, 423 U.S. 261, 270-71 (1976). This court is charged with making a
de novo determination of those portions of the recommendation to which specific objections are
made, and the court may accept, reject, or modify, in whole or in part, the Magistrate Judge's,
recommendation, or recommit the matter to the Magistrate Judge with instructions. See 28
U.S.C. § 636(b)(l). In the absence of a timely-filed 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 v. Colonial Life & Acc. Ins. Co., 416
Pursuant to Federal Rule of Civil Procedure 25(d), Nancy A. Berryhill, Acting
Commissioner of Social Security, has been added as a party. Carolyn W. Colvin's term expired
on January 20, 2017, and she has been terminated as a party.
F.3d 310, 315 (4th Cir. 2005).
On January 18, 2017, the Magistrate Judge issued a M&R recommending that Plaintiffs
Motion for Judgment on the Pleadings [DE-14] be DENIED, Defendant's Motion for Judgment
on the Pleadings [DE-16] be ALLOWED, and the final decision of the Commissioner be
UPHELD. The Magistrate Judge advised the parties of the procedures and requirements for
filing objections to the M&R and the consequences if they failed to do so. Defendant has filed
no objections, and the time for doing so expired on February 5, 2017.
Upon careful review of the M&R and of the record generally, and having'found no clear
error, the court hereby ADOPTS the recommendation of the Magistrate Judge. It is therefore
ORDERED that Plaintiffs Motion for Judgment on the Pleadings [DE-14] is DENIED,
Defendant's Motion for Judgment on the Pleadings [DE-16] is ALLOWED, and the final
decision of the Commissioner is UPHELD.
This, the--2.-day of February, 2017.
ffeAMES C. FOX
Senior United States District Judge
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