THOMAS v. BERRYHILL
Filing
17
ORDER signed by JUDGE WILLIAM L. OSTEEN, JR on 07/18/2018, that the Magistrate Judge's Recommendation (Doc. 14 ) is ADOPTED. FURTHER ORDERED that Plaintiff's Motion for Judgment on the Administrative Record and Pleadings (Doc. 11 ) is DE NIED, that Defendant's Motion for Judgment on the Pleadings (Doc. 12 ) is GRANTED, that the Commissioner's decision is AFFIRMED, and that this action is dismissed with prejudice. A Judgment dismissing this action will be entered contemporaneously with this Order. (Garland, Leah)
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF NORTH CAROLINA
MICHAEL J. THOMAS,
Plaintiff,
v.
NANCY A. BERRYHILL,
Acting Commissioner of Social
Security,
Defendant.
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1:17CV386
ORDER
This matter is before this court for review of the
Memorandum Opinion and Recommendation (“Recommendation”) filed
on June 14, 2018, by the Magistrate Judge in accordance with 28
U.S.C. § 636(b). (Doc. 14.) In the Recommendation, the
Magistrate Judge recommends that Plaintiff’s Motion for Judgment
on the Administrative Record and Pleadings (Doc. 11) be denied,
that Defendant’s Motion for Judgment on the Pleadings (Doc. 12)
be granted, and that this action be dismissed with prejudice.
The Recommendation was served on the parties to this action on
June 14, 2018. (Doc. 15.) Counsel for Plaintiff filed timely
objections (Doc. 16) to the Recommendation.
This court is required 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.”
28 U.S.C. § 636(b)(1). This court “may accept, reject,
or modify, in whole or in part, the findings or recommendations
made by the [M]agistrate [J]udge. . . .
[O]r recommit the
matter to the [M]agistrate [J]udge with instructions.” Id.
This court has appropriately reviewed the portions of the
Recommendation to which objection was made and has made a de
novo determination which is in accord with the Magistrate
Judge’s Recommendation. This court therefore adopts the
Recommendation.
IT IS THEREFORE ORDERED that the Magistrate Judge’s
Recommendation (Doc. 14) is ADOPTED. IT IS FURTHER ORDERED that
Plaintiff’s Motion for Judgment on the Administrative Record and
Pleadings (Doc. 11) is DENIED, that Defendant’s Motion for
Judgment on the Pleadings (Doc. 12) is GRANTED, that the
Commissioner’s decision is AFFIRMED, and that this action is
dismissed with prejudice.
A Judgment dismissing this action will be entered
contemporaneously with this Order.
This the 18th day of July, 2018.
____________________________________
United States District Judge
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