Crabb v. Colvin

Filing 12

ORDER denying plf's 7 Motion for Summary Judgment; denying dft's 9 Motion for Summary Judgment; accepting and adopting 11 Memorandum and Recommendations. Commr's decision is vacated and this matter is remanded for a new hearing consistent with the Memorandum and Recommendation. Clerk is directed to close this civil case. Signed by Senior Judge Graham Mullen on 4/25/2014. (cbb)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
STATESVILLE DIVISION
CIVIL ACTION NO. 5:13-CV-118-GCM-DCK
JEFFREY LEE CRABB,
Plaintiff,
vs.
CAROLYN W. COLVIN,
Acting Commissioner of Social
Security,
Defendant.

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ORDER

THIS MATTER is before the Court upon Plaintiff Jeffery Lee Crabb’s Motion for
Summary Judgment, (Doc. No. 7) and Defendant Commissioner of Social Security Carolyn W.
Colvin’s Motion for Summary Judgment, (Doc. No. 19) and the Memorandum and
Recommendation of Magistrate Judge David Keesler. (Doc. No. 11). For the reasons set forth
below, the Court ACCEPTS and ADOPTS the Memorandum and Recommendation, DENIES
Plaintiff’s Motion for Summary Judgment, and DENIES Defendant’s Motion for Summary
Judgment. The Commissioner’s decision is VACATED and REMANDED for a new hearing
consistent with the Memorandum and Recommendation.
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,
no party filed an objection to the Memorandum and Recommendation, and the time for doing so
has expired.
Accordingly, after a careful review of the record in this case, the Court finds that 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 is hereby ACCEPTED and ADOPTED, Plaintiff’s Motion for Summary
Judgment is hereby DENIED, and Defendant’s Motion for Summary Judgment is hereby
DENIED. The Commissioner’s decision is VACATED, and this matter is REMANDED for a
new hearing consistent with the Memorandum and Recommendation. The Clerk of Court is
directed to close this civil case.
SO ORDERED.

Signed: April 25, 2014