Engle v. Colvin
Filing
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ORDER that the 17 Memorandum and Recommendation is ACCEPTED and ADOPTED, Plaintiff's 9 Motion for Summary Judgment is DENIED, and Defendant's 15 Motion for Summary Judgment is GRANTED. The Commissionersdecision is AFFIRMED. Signed by Chief Judge Frank D. Whitney on 11/15/2017. (kby)
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
DOCKET NO. 1:16-cv-00398-FDW-DSC
TERESA ENGLE,
)
)
Plaintiff,
)
)
vs.
)
)
NANCY
A.
BERRYHILL,
Acting )
Commissioner
of
Social
Security )
Administration,
)
)
Defendant.
)
)
ORDER
THIS MATTER is before the Court upon Plaintiff’s Motion for Summary Judgment, (Doc.
No. 9) and Defendant’s Motion for Summary Judgment, (Doc. No. 15) and the Memorandum and
Recommendation of Magistrate Judge David S. Cayer. (Doc. No. 17) (hereinafter, “M&R”). For
the reasons set forth below, the Court ACCEPTS and ADOPTS the M&R, DENIES Plaintiff’s
Motion for Summary Judgment, and GRANTS Defendant’s Motion for Summary Judgment. The
Commissioner’s decision is AFFIRMED.
The Federal Magistrate Act provides that “a district court shall make a de novo
determination of those portions of the report or specific proposed findings or recommendations to
which objection is made.” 28 U.S.C. § 636(b)(1); Canby v. Davis, 718 F.2d 198, 200 (4th Cir.
1983). “By contrast, in the absence of a timely filed objection, a district court need not conduct a
de novo review, but instead must ‘only satisfy itself that there is no clear error on the face of the
record in order to accept the recommendation.’” Diamond v. Colonial Life & Accident Ins. Co.,
416 F.3d 310, 315 (4th Cir. 2005) (quoting Fed. R. Civ. P. 72 advisory committee’s note). Here,
the M&R, signed October 6, 2017, informed the parties of the time for appeal, noting that
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“[P]ursuant to 28 U.S.C. §636(b)(1)(c), written objections to the proposed findings of fact and
conclusions of law and the recommendation contained in this Memorandum must be filed within
fourteen (14) days after service of [the M&R].” (Doc. No. 17, p. 5). The M&R cautioned,
“[F]ailure to file timely objections will also preclude the parties from raising such objections on
appeal.” Id. at 6 (citations omitted). No party filed an objection to any portions of the M&R, and
the time for doing so has expired.
Accordingly, after a careful review of the record in this case, the Court finds no clear error
on the face of the M&R. The Magistrate Judge’s findings of fact are supported by the record, and
his conclusions of law are consistent with and supported by current case law.
Thus, the
Memorandum and Recommendation (Doc. No. 17) is hereby ACCEPTED and ADOPTED,
Plaintiff’s Motion for Summary Judgment (Doc. No. 9) is hereby DENIED, and Defendant’s
Motion for Summary Judgment (Doc. No. 15) is hereby GRANTED. The Commissioner’s
decision is AFFIRMED. The Clerk’s Office is directed to CLOSE THE CASE.
IT IS SO ORDERED.
Signed: November 15, 2017
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