Gaillard v. Commissioner of Social Security Administration

Filing 21

ORDER RULING ON REPORT AND RECOMMENDATIONS. The Court adopts the Report of the Magistrate Judge. It is the judgment of the Court that Defendant's decision is AFFIRMED. Signed by Honorable Henry F Floyd on 04/28/2011. (jbry, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
BEAUFORT DIVISION
JEROME GILBERT GAILLARD,
Plaintiff,
vs.
COMMISSIONER OF SOCIAL
SECURITY ADMINISTRATION,
Defendant.

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§ CIVIL ACTION NO. 9:10-00273-HFF-BM
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ORDER

This case was filed as a social security disability benefits action. Plaintiff is represented by
counsel. The matter is before the Court for review of the Report and Recommendation (Report) of
the United States Magistrate Judge suggesting that Defendant’s decision be affirmed. The Report
was made in accordance with 28 U.S.C. § 636 and Local Civil Rule 73.02 for the District of South
Carolina.
The Magistrate Judge makes only a recommendation to this Court. The recommendation has
no presumptive weight. The responsibility to make a final determination remains with the Court.
Mathews v. Weber, 423 U.S. 261, 270 (1976). The Court is charged with making a de novo
determination of those portions of the Report to which specific objection is made, and the Court may
accept, reject, or modify, in whole or in part, the recommendation of the Magistrate Judge or
recommit the matter with instructions. 28 U.S.C. § 636(b)(1).

The Magistrate Judge filed the Report on April 5, 2011, but Plaintiff failed to file any
objections to the Report. In the absence of such objections, the Court is not required to give any
explanation for adopting the recommendation. Camby v. Davis, 718 F.2d 198, 199 (4th Cir. 1983).
Moreover, a failure to object waives appellate review. Wright v. Collins, 766 F.2d 841, 845-46 (4th
Cir. 1985).
After a thorough review of the Report and the record in this case pursuant to the standard set
forth above, the Court adopts the Report and incorporates it herein. Therefore, it is the judgment
of the Court that Defendant’s decision is AFFIRMED.
IT IS SO ORDERED.
Signed this 28th day of April, 2011, in Spartanburg, South Carolina.

s/ Henry F. Floyd
HENRY F. FLOYD
UNITED STATES DISTRICT JUDGE

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