Ramsey v. Berryhill
ORDER denying 16 Motion for Judgment on the Pleadings; granting 19 Motion for Judgment on the Pleadings; adopting 23 Memorandum and Recommendations. Signed by Chief Judge James C. Dever III on 4/12/2018. (Briggeman, N.)
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
KELLY M. RAMSEY,
NANCY A. BERRYHILL,
Acting Commissioner of Social Security,. )
On March 28, 2018, Magistrate Judge Jones issued a Memorandum and Recommendation
("M&R") [D.E. 23] and recommended that this court deny plaintiff's motion for judgment on the
pleadings [D.E. 16], grant defendant's motion for judgment on the pleadings [D.E. 19], 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 de_termination of
those portions of the magistrate judge's report or specified proposed findings or recommendations
towhichobjectionismade." Diamond v. ColonialLife&Accidentlns. Co., 416F.3d310, 315 (4th
Cir. 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 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
In sum, plaintiff's motion for judgment on the pleadings [D.E. 16] is DENIED, defendant's
motion for judgment on the pleadings [D.E. 19] is GRANTED, defendant's final decision is
AFFIRMED, and this action is DISMISSED. The clerk shall close the case.
SO ORDERED. This ...1_L day of April2018.
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