Tomsich v. Colvin

Filing 30

ORDER ADOPTING 29 Memorandum and Recommendations, and GRANTING 18 Plaintiff's Motion for Judgment on the Pleadings and DENYING 21 Defendant's Motion for Judgment on the Pleadings. This action is REMANDED to the Commissioner under sentence six. Signed by Chief Judge James C. Dever, III, on 7/17/2014. (Fisher, M.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
SOUTHERN DMSION
No. 7:13-CV-85-D

JOHN PHILLIP TOMSICH,
Plaintiff,

)
)
)

)

v.

)

ORDER

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

On June 23, 2014, Magistrate Judge Gates issued a Memorandum and Recommendation
("M&R") [D.E. 29]. In the M&R, Judge Gates recommended that plaintiff's motion for judgment
on the pleadings [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 of
those portions of the [magistrate judge's] report or specified proposed fmdings or recommendations
towhichobjectionismade." Diamond v. Colonial Life &Accident Ins. Co., 416 F.3d310, 315 (4th
Cir. 2005) (alteration in original) (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. 29]. Plaintiff's 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 six of 42 U.S.C. § 405(g).
SO ORDERED. This I 1 day of July 2014.

JSC.DEVERID
Chief United States District Judge

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