Norfleet v. Colvin

Filing 18

ORDER granting 12 Motion for Judgment on the Pleadings; denying 14 Motion for Judgment on the Pleadings; adopting 17 Memorandum and Recommendations. Signed by Chief Judge James C. Dever III on 1/12/2017. (Briggeman, N.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
WESTERN DIVISION
No. 5:16-CV-27-D

ALICE M. NORFLEET,
Plaintiff,

v.

)
)
)
)

)

ORDER

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

On December 27, 2016, Magistrate Judge Gates issued a Memorandum and Recommendation
· ("M&R") [D.E. 17] and recommended thatplaintiffsmotionforjudgmenton the pleadings [D.E. 12]
be granted, that defendant's motion for judgment on the pleadings [D.E. 14] be denied, and that the
action be remanded to the Commissioner. Neither party objected to the M&R.
"The Federal Magistrates Act requires a district court to make a de novo determination ofthose
portions ofthe magistrate judge's report or specified proposed findings or recommendations to which
objection is made." Diamond v. Colonial Life &Accident Ins. Co., 416 F.3d310, 315 (4thCir. 2005)
(alteration, emphasis, and quotation omitted). 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." Id. (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. 17]. Plaintiffs motion for judgment on the pleadings [D.E. 12] is GRANTED, defendant's

motion for judgment on the pleadings [D.E. 14] is DENIED, and the action is REMANDED to the
Commissioner under sentence four of 42 U.S.C. § 405(g).
SO ORDERED. This _.11._ day of January 2017.

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