Johnson v. Commissioner of Social Security
Filing
44
ORDER RULING ON REPORT AND RECOMMENDATION adopting 39 Report and Recommendation, affirming the decision of the Commissioner. Signed by Honorable Margaret B. Seymour on 06/05/2018. (bshr, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
Robert Johnson,
)
) C/A No. 0:16-3879-MBS
Plaintiff,
)
)
vs.
)
)
ORDER
Nancy A. Berryhill, Acting Commissioner )
of Social Security Administration,
)
)
Defendant.
)
____________________________________)
Plaintiff Robert Johnson filed the within action on December 6, 2016, in the Southern
District of New York, seeking judicial review of a final decision of Defendant Acting Commissioner
of Social Security Administration denying Plaintiff’s claims for supplemental security income. By
order filed December 8, 2016, the case was transferred to this court. In accordance with 28 U.S.C.
§ 636(b) and Local Rule 73.02, D.S.C., this matter was referred to United States Magistrate Judge
Paige J. Gossett for pretrial handling.
On April 9, 2018, the Magistrate Judge issued a Report and Recommendation in which she
recommended that the Commissioner’s decision be affirmed. No party filed objections to the Report
and Recommendation.
The Magistrate Judge makes only a recommendation to this court. The recommendation has
no presumptive weight. The responsibility for making a final determination remains with this court.
Mathews v. Weber, 423 U.S. 261, 270 (1976). The court is charged with making a de novo
determination of any portions of the Report and Recommendation to which a specific objection is
made. The court may accept, reject, or modify, in whole or in part, the recommendation made by
the Magistrate Judge or may recommit the matter to the Magistrate Judge with instructions. 28
U.S.C. § 636(b)(1). 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 & Acc. Ins. Co., 416 F.3d 310,
315 (4th Cir. 2005).
The court has carefully reviewed the record and concurs in the recommendation of the
Magistrate Judge. The court adopts the Report and Recommendation and incorporates it herein by
reference. The decision of the Commissioner is affirmed.
IT IS SO ORDERED.
/s/ Margaret B. Seymour
Senior United States District Judge
Columbia, South Carolina
June 5, 2018
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