Engle v. Colvin

Filing 18

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)

Download PDF
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 1 “[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 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?