Hawkins v. Commissioner of the Social Security Administration
ORDER RULING ON REPORT AND RECOMMENDATION: The Court adopts the 25 Report and incorporates it herein. Therefore, it is the judgment of the Court that the Defendant's decision to deny Plaintiff's claim for benefits is AFFIRMED. Signed by Honorable Mary Geiger Lewis on 4/12/2017. (gnan )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
KEVIN BRUCE HAWKINS,
NANCY A. BERRYHILL,
Acting Commissioner of Social Security,
CIVIL ACTION NO. 5:16-00593-MGL
ORDER ADOPTING THE REPORT AND RECOMMENDATION
AND AFFIRMING DEFENDANT’S DECISION DENYING BENEFITS
This is a Social Security appeal in which Plaintiff seeks judicial review of the final decision
of Defendant denying his claims for Disability Insurance Benefits and Supplemental 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 Defendant’s decision to deny Plaintiff’s
claims for benefits 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 March 28, 2017, but Plaintiff failed to file any
objections. “[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 Defendant’s decision to deny Plaintiff’s claim for benefits is AFFIRMED.
IT IS SO ORDERED.
Signed this 12th day of April, 2017, in Columbia, South Carolina.
s/ Mary Geiger Lewis
MARY GEIGER LEWIS
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?