Guidi v. Commissioner of the Social Security Administration

Filing 18

ORDER RULING ON REPORT AND RECOMMENDATION for 15 Report and Recommendation. The Court adopts the Report and incorporates it herein. Therefore, it is the judgment of the Court that O'Malley's final decision to deny Guidi's claim for DIB is AFFIRMED. Signed by Honorable Mary Geiger Lewis on 8/28/24. (swel, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
FLORENCE DIVISION
JEANNE GUIDI,
Plaintiff,
vs.
MARTIN O’MALLEY, Commissioner of
Social Security Administration,
Defendant.

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§ CIVIL ACTION NO. 4:23-05642-MGL
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ORDER ADOPTING THE REPORT AND RECOMMENDATION
AND AFFIRMING DEFENDANT’S DECISION TO DENY BENEFITS
This is a Social Security appeal in which Plaintiff Jeanne Guidi (Guidi) seeks judicial review
of the final decision of Defendant Martin O’Malley, Commissioner of Social Security, denying her
claim for disability insurance benefits (DIB). The matter is before the Court for review of the
Report and Recommendation (Report) of the United States Magistrate Judge suggesting to the Court
O’Malley’s final decision to deny Guidi’s claim for DIB be affirmed. 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 August 12, 2024, but Guidi failed to file any
objections to the Report. “[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 O’Malley’s final decision to deny Guidi’s claim for DIB is AFFIRMED.
IT IS SO ORDERED.
Signed this 3rd day of April, 2023, in Columbia, South Carolina.
s/ Mary G. Lewis
MARY G. LEWIS
UNITED STATES DISTRICT JUDGE

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