McCall v. Commissioner of Social Security

Filing 18

ORDER RULING ON 14 REPORT AND RECOMMENDATION: The Court has carefully reviewed the Report. Having found no clear error on the face of the record, the Report is ACCEPTED and the Commissioner's decision is REVERSED. This case is REMANDED to the Commissioner for further proceedings consistent with the Report and this order. Signed by Honorable Terry L Wooten on June 3, 2021. (gnan )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
ORANGEBURG DIVISION
Rodney McCall,

Case No. 5:20-cv-01402-TLW

PLAINTIFF
v.
Order

Andrew M. Saul, Commissioner of
Social Security Administration,
DEFENDANT

This social security matter now comes before the Court for review of the Report
and Recommendation (Report) filed by the magistrate judge to whom this case was
assigned. ECF No. 14. In the Report, the magistrate judge recommends reversing the
Commissioner’s decision and remanding the case. The Commissioner filed a notice
informing the Court that no objections would be filed. ECF No. 15. This matter is now
ripe for decision.
The Court is charged with conducting a de novo review of any portion of the
Report to which a specific objection is registered, and may accept, reject, or modify,
in whole or in part, the recommendations contained in the Report. 28 U.S.C. § 636.
However, in the absence of objections, the Court is not required to give any
explanation for adopting the recommendation. See Camby v. Davis, 718 F.2d 198, 200
(4th Cir. 1983). In such a case, “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 & Accident

1

Ins. Co., 416 F.3d 310, 315 (4th Cir. 2005) (quoting Fed. R. Civ. P. 72 advisory
committee’s note).
The Court has carefully reviewed the Report. Having found no clear error on
the face of the record, the Report is ACCEPTED and the Commissioner’s decision is
REVERSED. This case is REMANDED to the Commissioner for further proceedings
consistent with the Report and this order.
IT IS SO ORDERED.

s/ Terry L. Wooten
Terry L. Wooten
Senior United States District Judge
June 3, 2021
Columbia, South Carolina

2