Foster v. Commissioner of Social Security Administration

Filing 34

ORDER RULING ON REPORT AND RECOMMENDATION adopting 30 Report and Recommendation as set out Signed by Honorable Timothy M Cain on 8/4/14. (jsmi, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
GREENVILLE DIVISION
Virginia Foster,
Plaintiff,
v.
Carolyn W. Colvin, Acting Commissioner
of Social Security,
Defendant.

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Civil Action No. 6:13-926-TMC
ORDER

The plaintiff brought this action under 42 U.S.C. § 405(g), seeking judicial review of a
final decision of the Commissioner of Social Security denying her claim for Disability Insurance
Benefits under the Social Security Act. (ECF No. 1). In accordance with 28 U.S.C. § 636(b)(1)
and Local Civil Rule 73.02, D.S.C., this matter was referred to a magistrate judge for pretrial
handling. Before the court is the magistrate judge’s Report and Recommendation (“Report”),
recommending the court affirm the Commissioner’s decision. (ECF No. 30). Although advised
of the right to do so, neither party has filed objections to the Report, and the time to do so has
now run.
The Report has no presumptive weight and the responsibility to make a final
determination in this matter remains with this court. See Mathews v. Weber, 423 U.S. 261, 27071 (1976). In the absence of objections, this court is not required to provide an explanation for
adopting the Report. See Camby v. Davis, 718 F.2d 198, 199 (4th Cir. 1983). Rather, “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) (quoting Fed. R. Civ. P. 72 advisory committee’s note).

After conducting the requisite review, the court finds no clear error and, therefore, adopts
the Report (ECF No. 30) and incorporates is herein by reference.

Accordingly, the

Commissioner’s final decision is AFFIRMED.
IT IS SO ORDERED.

s/Timothy M. Cain
United States District Judge
Anderson, South Carolina
August 4, 2014