Ervin v. Commissioner of the Social Security Administration
ORDER RULING ON REPORT AND RECOMMENDATION: The Court adopts and incorporates by reference the Magistrate Judge's R & R [ECF No. 26]. Accordingly, pursuant to sentence four of 42 U.S.C. § 405(g), the Court REVERSES AND REMANDS the Commissioner's final decision for further administrative action. Signed by Honorable R Bryan Harwell on 11/6/2017. (gnan )
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
Margaret Mechelle Ervin,
Nancy A. Berryhill, Acting
Commissioner of the Social
Civil Action No.: 4:16-cv-03318-RBH
This matter is 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)(a) for the District of South Carolina. See R & R [ECF No. 26]. The
Magistrate Judge recommends that the Court reverse and remand the Commissioner’s final decision for
further proceedings. R & R at 16.
The Magistrate Judge makes only a recommendation to the Court. The recommendation has
no presumptive weight, and the responsibility to make a final determination remains with the Court.
Mathews v. Weber, 423 U.S. 261, 270–71 (1976). The Court must conduct a de novo review of those
portions of the R & R to which specific objections are made, and it 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).
Neither party has filed objections to the R & R, and the time for doing so has expired.1 In the
absence of objections to the R & R, the Court is not required to give any explanation for adopting the
Objections to the R & R were due by October 30, 2017. See ECF No. 26. The Commissioner filed a notice
stating she would not be filing objections. See ECF No. 28.
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)).
After a thorough review of the record in this case, the Court finds no clear error and therefore
adopts and incorporates by reference the Magistrate Judge’s R & R [ECF No. 26]. Accordingly,
pursuant to sentence four of 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
November 6, 2017
s/ R. Bryan Harwell
R. Bryan Harwell
United States District Judge
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?