Gore v. Colvin

Filing 26

ORDER adopting Report and Recommendations regarding the 25 Memorandum and Recommendations; denying 19 Motion for Judgment on the Pleadings; granting 22 Motion for Judgment on the Pleadings. Signed by Senior Judge James C. Fox on 3/10/2017. (Edwards, S.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
SOUTHERN DIVISION
No. 7:15-CV-00231-F
ANGELA GORE,
Plaintiff/Claimant,

v.
NANCY A. BERRYHILL, 1
Acting Commissioner of Social Security,
Defendant.

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ORDER

This matter is before the court on the Memorandum and Recommendation ("M&R")
[DE-25] of United States Magistrate Judge Robert B. Jones, Jr., regarding the parties' cross
motions for judgment on the pleadings [DE-19, -22].
, 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 nova 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 nova 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
F.3d 310, 315 (4th Cir. 2005).
1

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. Calvin's term expired
on January 20, 2017, and she has been terminated as a party.

I

On February 23, 2017, the Magistrate Judge issued a M&R recommending that Plaintiffs
Motion for Judgment on the Pleadings [DE-19] be DENIED, Defendant's Motion for Judgment
on the Pleadings [DE-22] 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 March 9, 201 7.
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-19] is DENIED,
Defendant's Motion for Judgment on the Pleadings [DE-22] is ALLOWED, and the final
decision of the Commissioner is UPHELD. The Clerk of Court is DIRECTED to close this case.
SO ORDERED.
This, the _J!L day of March, 2017.

enior United States District Judge

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