Abell v. Commissioner of Social Security Administration

Filing 29

ORDER adopting the 25 Report and Recommendation. The Court reverses and remands the Commissioner's final decision for further administrative action. Signed by Chief Judge R. Bryan Harwell on 5/9/2022. (mmcd)

0:21-cv-00536-RBH

Date Filed 05/09/22

Entry Number 29

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UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
ROCK HILL DIVISION
Joesph Wayne Abell,

)
)
Plaintiff,
)
)
v.
)
)
1
Kilolo Kijakazi, Acting
)
Commissioner of Social Security
)
Administration,
)
)
Defendant.
)
____________________________________)

Civil Action No.: 0:21-cv-00536-RBH

ORDER

This matter is before the Court for review of the Report and Recommendation ("R & R") of
the United States Magistrate Judge Paige J. Gossett.2 See ECF No. 25. The Magistrate Judge
recommends reversing and remanding the Commissioner’s final decision for further administrative
review. Id.
The Magistrate Judge makes only a recommendation to this Court. The recommendation has
no presumptive weight, and the responsibility to make a final determination remains with this Court.
See Mathews v. Weber, 423 U.S. 261, 270–71 (1976). The Court is charged with making a de novo
determination of those portions of the R & R 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. See 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b).
Neither party has filed objections to the R & R, and the time for doing so has expired.3
1

Kilolo Kijakazi became the acting Commissioner of Social Security on July 9, 2021. Pursuant to
Fed R. Civ. P. 25(d), she is substituted for former Commissioner Andrew Saul as the defendant in this action.
2

This matter was referred to the Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local
Civil Rule 73.02(B)(2)(a) for the District of South Carolina.
3

Objections were due by May 6, 2022. See ECF No. 25.

0:21-cv-00536-RBH

Date Filed 05/09/22

Entry Number 29

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Furthermore, Defendant filed a notice stating Defendant would not be filing objections. ECF No.
26. In the absence of objections to the R & R, the Court is not required to give any explanation for
adopting the Magistrate Judge's recommendations. See Camby v. Davis, 718 F.2d 198, 199–200
(4th Cir. 1983). The Court reviews only for clear error in the absence of an objection. See Diamond
v. Colonial Life & Acc. Ins. Co., 416 F.3d 310, 315 (4th Cir. 2005) (stating that "in the absence of a
timely filed objection, a district court need not conduct 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'" (quoting Fed. R. Civ. P. 72 advisory committee's note)).
Having found no clear error, the Court ADOPTS and incorporates by reference the
Magistrate Judge's R & R [ECF No. 25]. Accordingly, pursuant to 42 U.S.C. § 405(g), the Court
REVERSES AND REMANDS the Commissioner’s final decision for further administrative action
consistent with the R & R.

IT IS SO ORDERED.
Florence, South Carolina
May 9, 2022

s/ R. Bryan Harwell
R. Bryan Harwell
Chief United States District Judge

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