Gordon v. Commissioner of Social Security Administration
ORDER RULING ON 32 REPORT AND RECOMMENDATION It is the judgment of the Court that this case is hereby reversed and remanded to the Defendant for further consideration as set forth in the Report. Signed by Honorable Mary Geiger Lewis on 01/26/2017. (egra, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
WALTER COREY GORDON,
NANCY A. BERRYHILL,
Acting Commissioner of Social Security,
§ CIVIL ACTION NO. 2:15-2814-MGL
ORDER ADOPTING THE REPORT AND RECOMMENDATION
AND REVERSING AND REMANDING THE CASE TO DEFENDANT
FOR FURTHER CONSIDERATION
This is a Social Security appeal in which Plaintiff seeks judicial review of a final decision
of Defendant denying his claims for Disability Insurance Benefits and Social Security Income. The
matter is before the Court for review of the Report and Recommendation (Report) of the United
States Magistrate Judge suggesting to the Court that the case be reversed and remanded to Defendant
for further consideration. 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 January 19, 2017, and Defendant filed her notice
that she did not intend to file any objections to the Report on January 26, 2017. “[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.3d 310, 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 this case is hereby REVERSED AND REMANDED to Defendant for further
consideration as set forth in the Report.
IT IS SO ORDERED.
Signed this 26th day of January, 2017, in Columbia, South Carolina.
s/ Mary Geiger Lewis
MARY GEIGER LEWIS
UNITED STATES DISTRICT JUDGE
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