Austin v. Colvin

Filing 25

ORDER adopting 24 Memorandum and Recommendations; denying 19 Motion for Judgment on the Pleadings; granting 21 Motion for Judgment on the Pleadings. Signed by Chief Judge James C. Dever III on 8/22/2017. (Briggeman, N.)

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA SOUTHERN DIVISION No. 7:16-CV-120-D KIMBERLY ANN AUSTIN, Plaintiff, v. ) ) ) ) ) ORDER ) NANCY A. BERRYHILL, ) Acting Commissioner of Social Security, ) ) Defendant. ) On August 7, 2017, Magistrate Judge Swank issued a Memorandum and Recommendation ("M&R") [D.E. 24]. In that M&R, Judge Swank recommended that this court deny plaintiff's I I ' motion for judgment on the pleadings [D.E. 19], grant defendant's motion for judgment on the pleadings [D.E. 21], and affirm defendant's final decision. 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 findings or recommendations to which objection is made." Diamond v. Colonial Life & Accident Ins. Co., 416 F .3d 310, 315 (4th Cir. 2005) (emphasis, alteration, and quotation omitted); see 28 U.S.C. ยง 636(b). Absent a timely objection, "a district court need not conduct a de novo review, but instead must only satisfy itselfthat 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 ofthe record. Accordingly, the court adopts the conclusions in the M&R [D.E. 24]. In sum, plaintiff's motion for judgment on the pleadings [D.E. 19] is DENIED, defendant's motion for judgment on the pleadings [D.E. 21] is GRANTED, defendant's final decision is AFFIRMED, and this action is DISMISSED. The clerk shall close the case. SO ORDERED. This '2.1. day of August 2017. 2

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