Elliott v. Saul

Filing 30

ORDER on 29 Memorandum and Recommendation regarding 21 Motion for Judgment on the Pleadings and 27 Motion for Judgment on the Pleadings. The court ADOPTS the recommendation of the Magistrate Judge as its own. For the reasons stated there in, Plaintiff's motion for judgment on the pleadings [DE 21] is GRANTED, Defendant's motion for judgment on the pleadings [DE 27] 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. Signed by Chief US District Judge Richard E. Myers II on 9/30/2021. (Waddell, K.)

IN THE UNITED STA TES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
SOUTHERN DIVISION
Case No. 7:20-CV- 0009 6-M
DAYID GARY ELLIOTT,

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

ORDER

This matter comes before the court on a memorandum and recommendation ("M&R")
issued by United States Magistrate Judge Brian S. Meyers (DE 29) with respect to the parties'
cross-motions for judgment on the pleadings. DE 21, 27. Pursuant to 28 U.S.C. § 636(b) (l) and
Federal Rule of Civil Procedure 72(b), Magistrate Judge Meyers recommends that the court grant
Plaintiffs motion,deny Defendant's motion, and remand the matter to the Commissioner for
further proceedings. DE 29. 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)(1 ); accord
Mathews v. Weber, 423 U.S. 261,271 ( 1 9 76). 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 September 1 6, 2021 and set a deadline for objections to be
filed on or before September 23, 2021. See Local Civil Rules 1.1 and 72.4(b). No party sought
an extension of time in which to file objections . The parties' motions and M&R were submitted
to this court for disposition on September 29,2021.
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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 21] is GRANTED, Defendant's
motion for judgment on the pleadings [DE 27] 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 J�ay of September, 2021.

2.L-1 L Mr--• '§'
RICHARD E. MYERS II

CHIEF UNITED STATES DISTRICT JUDGE

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