Desmarais v. Commissioner of Social Security

Filing 15

ORDER adopting 14 Memorandum and Recommendation. This matter is remanded to the Commissioner for further proceedings consistent with the Recommendation and this order. Signed by Chief U.S. District Judge Richard E. Myers II on 3/27/2024. (McNally, Kimberly)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
SOUTHERN DIVISION
Case No. 7:23-CV-00007-M-RJ
LINDA JEAN DESMARAIS,

)
)
Plaintiff,
)
)
V.
)
)
MARTIN O' MALLEY,
)
Commissioner of Social Security,
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Defendant.
)
________________ )

ORDER

This matter comes before the court on the Plaintiff's motion for summary judgment [DE
9]. Pursuant to 28 U.S.C. § 636(b)(l) and Federal Rule of Civil Procedure 72(b), United States
Magistrate Judge Robert B. Jones, Jr. entered a memorandum and recommendation (the
"Recommendation"), recommending that the court remand the matter to the Commissioner for
further proceedings. DE 14 at 23. Neither party objected to the Recommendation. See Docket
Entries dated February 6, 2024, to present.
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)(l); accord
Mathews v. Weber, 423 U.S. 261 , 271 (1976). The court "shall make a de novo determination of

those portions of the report or specified proposed findings or recommendations to which objection
is made." Id.§ 636(b)(l). 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 Recommendation and the record presented, and finding no clear
error, the court ADOPTS the Recommendation of Judge Jones as its own. For the reasons stated
therein, this matter is remanded to the Commissioner for further proceedings consistent with the
Recommendation and this order. The Clerk of Court is directed to close this case.

so ORDERED this

:-tt;-

27

day of March, 2024.

QJ,..J L fYl-1.,.,. 1!:
RICHARD E. MYERS II
CHIEF UNITED STATES DISTRICT WDGE

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