Evans v. Commissioner of Social Security Administration

Filing 34

ORDER RULING ON REPORT AND RECOMMENDATION adopting 32 Report and Recommendation, granting 24 Motion to Dismiss. Signed by Honorable Mary Geiger Lewis on 12/01/2017. (bshr, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
ROCK HILL DIVISION
MARY LEE EVANS,
Plaintiff,

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vs.
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NANCY A. BERRYHILL, ACTING
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COMMISSIONER OF SOCIAL SECURITY, §
Defendant.
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CIVIL ACTION NO.: 0:17-00162-MGL

ORDER ADOPTING REPORT AND RECOMMENDATION,
AND GRANTING DEFENDANT’S MOTION TO DISMISS
This case was filed as an action for judicial review of a denial of claims for Disability
Insurance Benefits and Supplemental Security Income. Plaintiff is proceeding pro se. The
matter is before the Court for review of the Report and Recommendation (Report) of the United
States Magistrate Judge suggesting that Defendant’s motion to dismiss be granted. The Report
was made in accordance with 28 U.S.C. § 636 and Local Civil Rule 73.02 for the District of
South Carolina.
The Magistrate Judge makes only a recommendation to this Court. The recommendation
has no presumptive weight. The responsibility to make a final determination remains with the
Court. Mathews v. Weber, 423 U.S. 261, 270 (1976). The Court is charged with making a de
novo determination of those portions of the Report to which specific objection is made, and the

Court may accept, reject, or modify, in whole or in part, the recommendation of the Magistrate
Judge or recommit the matter with instructions. 28 U.S.C. § 636(b)(1).
The Magistrate Judge filed the Report on November 13, 2017, but Plaintiff failed to file
any objections to the Report. “[I]n 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.3d310, 315 (4th Cir. 2005) (quoting Fed. R. Civ. P. 72 advisory committee's
note). Moreover, a failure to object waives appellate review. Wright v. Collins, 766 F.2d 841,
845-46 (4th Cir. 1985).
After a thorough review of the Report and the record in this case pursuant to the standard
set forth above, the Court adopts the Report and incorporates it herein. Therefore, it is the
judgment of the Court that Defendant’s motion to dismiss, ECF No. 24, is GRANTED.

IT IS SO ORDERED.
Signed this 1st day of December, 2017, in Columbia, South Carolina.

s/ Mary Geiger Lewis
MARY GEIGER LEWIS
UNITED STATES DISTRICT JUDGE

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NOTICE OF RIGHT TO APPEAL
The parties are hereby notified of the right to appeal this Order within 30 days from the
date hereof, pursuant to Rules 3 and 4 of the Federal Rules of Appellate Procedure.