Johnson v. Commissioner Social Security Administration

Filing 29

ORDER RULING ON REPORT AND RECOMMENDATION adopting 23 Report and Recommendation. Signed by Honorable Timothy M Cain on 1/2/19. (alew, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
ANDERSON/GREENWOOD DIVISION
Henry Terrill Johnson,
Plaintiff,
v.
Nancy Berryhill, Acting
Commissioner of Social
Security Administration,
Defendant.

)
)
)
)
)
)
)
)
)
)
)

C/A No. 8:17-2857-TMC

ORDER

Plaintiff Henry Terrill Johnson brought this action under 42 U.S.C. § 405(g), seeking
judicial review of a final decision of the Commissioner of Social Security (“Commissioner”)
denying her claim for supplemental security income (“SSI”) under the Social Security Act. This
matter is before the court for review of the Report and Recommendation (“Report”) of the
United States Magistrate Judge, made in accordance with 28 U.S.C. § 636(b)(1) and Local Civil
Rule 73.02(B)(2)(a), D.S.C. (ECF No. 23). The Report recommends that the Commissioner’s
decision be affirmed. Id. On December 28, 2018, Johnson filed a notice of his intent not to file
objections to the Report. (ECF No. 27).
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

1

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 a thorough and careful review of the record, the court adopts the Report of the
Magistrate Judge which is incorporated herein by reference. Accordingly, the Commissioner’s
final decision is AFFIRMED.
IT IS SO ORDERED.
s/Timothy M. Cain
United States District Judge

January 2, 2019
Anderson, South Carolina

2