McGee v. Commissioner of Social Security Administration
Filing
20
ORDER RULING ON 17 REPORT AND RECOMMENDATION. The court has reviewed Judge Hendricks's Report and agrees with its analysis. Accordingly, the Commissioner's decision is affirmed. Signed by Honorable Timothy M Cain on 02/04/2014. (egra, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
CHARLESTON DIVISION
Rhonda C. McGee,
Plaintiff,
v.
Carolyn W. Colvin, Acting Commissioner
of Social Security,1
Defendant.
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Civil Action No. 2:12-3296-TMC
ORDER
The plaintiff brought this action under 42 U.S.C. § 405(g) seeking judicial review of a
final decision of the Commissioner of Social Security (“Commissioner”) denying her claim for
Disability Insurance Benefits under the Social Security Act. (ECF No. 1). In accordance with 28
U.S.C. § 636(b)(1) and Local Civil Rule 73.02, D.S.C., this matter was referred to a magistrate
judge for pretrial handling. Before the court is the magistrate judge’s Report and
Recommendation (“Report”), recommending that the court affirm the Commissioner’s decision
to deny disability benefits. (ECF No. 17). Neither party has filed objections to the Report, and
the time to do so has now run.
The Report has no presumptive weight and the responsibility to make a final
determination in this matter remains with this court. See Mathews v. Weber, 423 U.S. 261, 27071 (1976). In the absence of objections, this court is not required to provide an explanation for
adopting the Report. See Camby v. Davis, 718 F.2d 198, 199 (4th Cir. 1983). Rather, “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
1
Carolyn W. Colvin became the Acting Commissioner of the Social Security Administration on
February 14, 2012. Pursuant to Fed. R. Civ. P. 25(d), Colvin should be substituted for Michael J.
Astrue.
accept the recommendation.” Diamond v. Colonial Life & Acc. Ins. Co., 416 F.3d 310, 315 (4th
Cir. 2005) (quoting Fed. R. Civ. P. 72 advisory committee’s note).
The court has reviewed the Report and agrees with its analysis.
Accordingly, the
Commissioner’s decision is AFFIRMED.
IT IS SO ORDERED.
s/Timothy M. Cain
United States District Judge
Anderson, South Carolina
February 4, 2014
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