Williams v. Commissioner of Social Security Administration
Filing
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ORDER adopting 17 Report and Recommendation. The Commissioner's decision is AFFIRMED. Signed by Chief Judge Terry L Wooten on 2/24/2017.(abuc)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
GREENVILLE DIVISION
Elzie Grover Williams, III,
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Plaintiff,
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v.
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Carolyn W. Colvin, Acting Commissioner )
of Social Security,
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Defendant.
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____________________________________ )
Civil Action No.: 6:15-cv-3663-TLW
ORDER
Plaintiff Elzie Grover Williams, III (“Plaintiff”) brought this action pursuant to 42 U.S.C.
§ 405(g) and § 1383(c)(3) to obtain judicial review of a final decision of the Defendant, Acting
Commissioner of Social Security (“Commissioner”), denying his claims for Disability Insurance
Benefits and Supplemental Security Income Benefits. ECF No. 1. This matter is before the Court
for review of the Report and Recommendation (“the Report”) filed on December 20, 2016 by
United States Magistrate Judge Kevin F. McDonald, to whom this case had previously been
assigned pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Civil Rule 73.02(B)(2)(a), (D.S.C.). ECF
No. 17. In the Report, the Magistrate Judge recommends affirming the Commissioner’s decision
denying benefits. Objections were due on January 3, 2017, but Plaintiff did not file objections to
the Report. The matter is now ripe for disposition.
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 therein. 28 U.S.C. § 636. However, in the absence of objections to the
Report, the Court is not required to give any explanation for adopting the Magistrate Judge’s
recommendation. See Camby v. Davis, 718 F.2d 198, 200 (4th Cir. 1983). In such a case, “a district
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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 Ins. Co., 416 F.3d 310, 315 (4th Cir. 2005) (quoting Fed. R. Civ. P. 72 advisory
committee’s note).
In light of this standard, the Court has carefully reviewed the Report, the relevant filings,
and the applicable law and notes that Plaintiff has not filed objections to the Report. It is hereby
ORDERED that the Report, ECF No. 17, is ACCEPTED. For the reasons articulated by the
Magistrate Judge, the Commissioner’s decision is AFFIRMED.
IT IS SO ORDERED.
s/ Terry L. Wooten_____________
TERRY L. WOOTEN
Chief United States District Judge
February 23, 2017
Columbia, South Carolina
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