Crider v. Commissioner of the Social Security Administration
Filing
29
ORDER RULING ON REPORT AND RECOMMENDATION: The R&R of the Magistrate Judge is adopted and incorporated by reference. Therefore, it is ORDERED that the Commissioner's decision is REVERSED and the matter is REMANDED for further administrative proceedings. Signed by Honorable R Bryan Harwell on 8/19/2014. (gnan )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
FLORENCE DIVISION
Ronald Curtis Crider,
Plaintiff,
v.
Carolyn W. Colvin, Acting
Commissioner of Social Security
Administration,
Defendant.
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Civil Action No.: 4:13-cv-489-RBH
ORDER
Plaintiff Ronald Curtis Crider (“Plaintiff”) filed this appeal of the final decision of the
Commissioner of the Social Security denying his claim for Disability Insurance Benefits and
Supplemental Security Income. This matter is now before the Court for review of the Report and
Recommendation (“R & R”) of United States Magistrate Judge Thomas E. Rogers, III, made in
accordance with 28 U.S.C. § 636(b)(1) and Local Civil Rule 73.02(B)(2) for the District of South
Carolina. See R & R, ECF No. 25. In the R & R, the Magistrate Judge recommends that the Court
reverse the Commissioner’s decision and remand the matter for further administrative proceedings.
See id. at 6.
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 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).
Neither party has filed objections to the R & R.1 In the absence of objections to the R & R
of the Magistrate Judge, this Court is not required to give any explanation for adopting the recommendation. See Camby v. Davis, 718 F.2d 198, 199 (4th Cir. 1983). The Court reviews only for
clear error in the absence of an objection. See Diamond v. Colonial Life & Accident Ins. Co., 416
F.3d 310 (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).
After a thorough review of the record in this case, the Court finds no clear error.
Accordingly, the R & R of the Magistrate Judge is adopted and incorporated by reference.
Therefore, it is ORDERED that the Commissioner’s decision is REVERSED and the matter is
REMANDED for further administrative proceedings.
IT IS SO ORDERED.
s/ R. Bryan Harwell
R. Bryan Harwell
United States District Judge
August 19, 2014
Florence, South Carolina
1
On August 18, 2014, the Defendant specifically filed a notice that it would not file objections to
the R & R. See Notice, ECF No. 27 at 1.
2
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