Williams v. Commissioner of Social Security Administration
Filing
33
ORDER affirming 28 Report and Recommendation, and reversing and remanding the Commissioner's decision pursuant to sentence four of 42 USC 405(g) for further administrative proceedings. Signed by Honorable David C Norton on 11/9/2015.(eric, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
Latrell L. Williams,
)
)
Plaintiff,
)
)
vs.
)
)
Carolyn W. Colvin, Acting Commissioner )
of Social Security Administration,
)
)
Defendant.
)
____________________________________)
C/A No.: 1:14-cv-4266 DCN
ORDER
This Social Security case is before the Court upon the magistrate judge’s recommendation
that the Commissioner’s decision be reversed pursuant to sentence four of 42 U.S.C. § 405(g) and
remanded to the Commissioner for further administrative proceedings.
This Court is charged with conducting a de novo review of any portion of the magistrate
judge's report to which a specific objection is registered, and may accept, reject, or modify, in
whole or in part, the recommendations contained in that report. 28 U.S.C. § 636(b)(1).
However, absent prompt objection by a dissatisfied party, it appears that Congress did not intend
for the district court to review the factual and legal conclusions of the magistrate judge. Thomas
v Arn, 474 U.S. 140 (1985). Additionally, any party who fails to file timely, written objections
to the magistrate judge's report pursuant to 28 U.S.C. § 636(b)(1) waives the right to raise those
objections at the appellate court level. United States v. Schronce, 727 F.2d 91 (4th Cir. 1984),
cert. denied, 467 U.S. 1208 (1984 ).1 On November 6, 2015, the defendant filed a reply stating
1
In Wright v. Collins, 766 F.2d 841 (4th Cir. 1985), the court held "that a pro se litigant
must receive fair notification of the consequences of failure to object to a magistrate judge's
report before such a procedural default will result in waiver of the right to appeal. The notice
that she will not file objections to the Report and Recommendation.
A de novo review of the record indicates that the magistrate judge's report accurately
summarizes this case and the applicable law. Accordingly, the magistrate judge’s report and
recommendation is adopted and incorporated into this Order. For the reasons articulated by the
magistrate judge, the decision of the Commissioner is hereby REVERSED AND REMANDED
pursuant to sentence four of 42 U.S.C. § 405(g) to the Commissioner for further administrative
proceedings.
AND IT IS SO ORDERED.
David C. Norton
United States District Judge
November 9, 2015
Charleston, South Carolina
NOTICE OF RIGHT TO APPEAL
The parties are hereby notified that any right to appeal this Order is governed by Rules
3 and 4 of the Federal Rules of Appellate Procedure.
must be 'sufficiently understandable to one in appellant's circumstances fairly to appraise him
of what is required.'" Id. at 846. Plaintiff was advised in a clear manner that his objections
had to be filed within ten (10) days, and he received notice of the consequences at the
appellate level of his failure to object to the magistrate judge's report.
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?