Davis v. Kijakazi

Filing 24

ORDER adopting 23 Memorandum and Recommendation; granting 20 Motion for Judgment on the Pleadings; denying 21 Motion for Summary Judgment. The matter is remanded to the Commissioner for further proceedings consistent with the M&R and this order. Signed by Chief US District Judge Richard E. Myers II on 9/16/2022. (McNally, Kimberly)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
WESTERN DIVISION
Case No. 5:21-cv-00321-M

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Plaintiff,
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V.
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KILOLO KIJAKAZI,
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Acting Commissioner of Social Security,
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Defendant.
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_ _ _ _ _ __ _ _ _ )

TAI EVERLY DAVIS,

ORDER

These matters come before the court on the Plaintiffs motion for judgment on the
pleadings pursuant to Rule 12(c) of the Federal Rules of Civil Procedure [DE 20] and Defendant's
Motion for Summary Judgment pursuant to Rule 56 [DE 21]. Pursuant to 28 U.S.C. § 636(b)(l)
and Federal Rule of Civil Procedure 72(b), United States Magistrate Judge Brian S. Meyers entered
a memorandum and recommendation ("M&R"), recommending that the court grant Plaintiffs
motion, deny Defendant' s motion, and remand the matter to the Commissioner for further
proceedings. DE 23. To date, no objections have been filed. 1
A magistrate judge's recommendation carries no presumptive weight. The court "may
accept, reject, or modify, in whole or in part, the .. . recommendation[] ... receive further evidence
or recommit the matter to the magistrate judge with instructions." 28 U.S.C. § 636(b)(l); accord
Mathews v. Weber, 423 U.S. 261 , 271 (1976). The court "shall make a de novo determination of
those portions of the report or specified proposed findings or recommendations to which objection

Judge Meyers issued the M&R on August 26, 2022. Objections were due to be filed on or before
September 7, 2022. See DE 23. The parties' motions and M&R were submitted to this court for
disposition on September 9, 2022.
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is made." Id. § 636(b)(1 ). Absent a specific and timely objection, the court reviews only for "clear
error" and need not give any explanation for adopting the recommendation. Diamond v. Colonial
Life & Accident Ins. Co., 416 F .3d 310, 315 (4th Cir. 2005).

Upon careful review of the M&R and the record presented, and finding no clear error, the
court ADOPTS the recommendation of the magistrate judge as its own. For the reasons stated
therein, Plaintiffs motion for judgment on the pleadings [DE 20] is GRANTED, Defendant's
motion for summary judgment [DE 21] is DENIED, and the matter is remanded to the
Commissioner for further proceedings consistent with the M&R and this order. The Clerk of Court
is directed to close this case.

SO ORDERED this

I~

day of September, 2022.

q/[IV/ywsT
RICHARD E. MYERS II
CHIEF UNITED STATES DISTRICT ruDGE

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