Pittman v. Commissioner of Social Security Administration

Filing 37

ORDER RULING ON REPORT AND RECOMMENDATIONS adopting 34 Report and Recommendations. Signed by Chief Judge Margaret B Seymour on 5/31/12. (alew, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
Steven Laroy Pittman,

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) C/A No. 6:11-0852-MBS
Plaintiff,
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vs.
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ORDER
Michael J. Astrue, Commissioner of
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Social Security,
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Defendant.
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____________________________________)
Plaintiff Steven Laroy Pittman filed the within action on April 11, 2011, seeking judicial
review of a final decision of Defendant Commissioner of Social Security denying Plaintiff’s
application for disability insurance benefits.
In accordance with 28 U.S.C. § 636(b) and Local Rule 73.02, D.S.C., this matter was referred
to United States Magistrate Judge Kevin F. McDonald for pretrial handling. On May 10, 2012, the
Magistrate Judge issued a Report and Recommendation in which he determined that the decision of
the Commissioner was supported by substantial evidence. Accordingly, the Magistrate Judge
recommended that the decision be affirmed. Plaintiff filed no objection to the Report and
Recommendation.
The Magistrate Judge makes only a recommendation to this court. The recommendation has
no presumptive weight. The responsibility for making a final determination remains with this court.
Mathews v. Weber, 423 U.S. 261, 270 (1976). The court is charged with making a de novo
determination of any portions of the Report and Recommendation to which a specific objection is
made. The court may accept, reject, or modify, in whole or in part, the recommendation made by
the Magistrate Judge or may recommit the matter to the Magistrate Judge with instructions. 28

U.S.C. § 636(b)(1). In 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).

The court has carefully reviewed the record and concurs in the recommendation of the
Magistrate Judge. The court adopts the Report and Recommendation and incorporates it herein by
reference. The decision of the Commissioner is affirmed.
IT IS SO ORDERED.

/s/ Margaret B. Seymour
Chief United States District Judge
Columbia, South Carolina
May 31, 2012.

NOTICE OF RIGHT TO APPEAL
Plaintiff is hereby notified of the right to appeal this order
pursuant to Rules 3 and 4 of the Federal Rules of Appellate Procedure.

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