Stith v. Colvin

Filing 25

ORDER adopting 24 Memorandum and Recommendations; granting 18 Motion for Judgment on the Pleadings; denying 21 Motion for Judgment on the Pleadings. Signed by Chief Judge James C. Dever III on 11/28/2017. (Briggeman, N.)

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA · WESTERN DMSION No. 5:16-CV-689-D PAMELA STITH, Plaintiff, v. ) ) ) ) ) ORDER ) NANCY A. BERRYHILL, ) Acting Commissioner of Social Security, ) ) Defendant. ) On November 13, 2017, Magistrate Judge Jones issued a Memorandum and Recommendation ("M&R") [D.E. 24] and recommended thatplaintiffsmotionforjudgmentonthepleadings [D.E.18] be granted, that defendant's motion for judgment on the pleadings [D.E. 21] 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 of the magistrate judge's report or specified proposed findings or recommendations to which objection is made." Diamond v. ColonialLife&Accidentlns. Co., 416 F.3d 310,315 (4thCir. 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 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. 24]. Plaintiffs motion for judgment on the pleadings [D.E. 18] is GRANTED, defendant's motion for judgment on the pleadings [D.E. 21] is DENIED, and the action is REMANDED to the Commissioner under sentence four of 42 U.S.C. § 405(g). SO ORDERED. This 2..8 day ofNovember 2017. 2

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