IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF MISSISSIPPI GREENVILLE DIVISION

NORRIS HOLLY, JR. PLAINTIFF

V. NO. 4:20-CV-5-DMB-RP

NANCY BERRYHILL Commissioner of Social Security DEFENDANT

ORDER On November 23, 2020, United States Magistrate Judge Roy Percy issued a Report and Recommendation recommending “that the Commissioner’s decision be REVERSED AND REMANDED for a rehearing of the plaintiff’s application under the fourth sentence of § 405(g).” Doc. #19 at 9. The Report and Recommendation warned: Objections [to the Report and Recommendation] are required to be in writing and must be filed within fourteen (14) days of this date and “a party’s failure to file written objections to the proposed findings, conclusions and recommendation in a magistrate judge’s report and recommendation within [14] days after being served with a copy shall bar that party, except upon grounds of plain error, from attacking on appeal the unobjected-to proposed factual findings and legal conclusions accepted by the district court ….” Douglass v. United States Automobile Association,

(5th Cir. 1996).

To date, no objections to the Report and Recommendation have been filed. Under

(b)(1), “[a] judge of the court shall make a de novo determination of those portions of the report … to which objection is made.” “[W]here there is no objection, the Court need only determine whether the report and recommendation is clearly erroneous or contrary to law.” United States v. Alaniz,

(S.D. Tex. 2017) (citing United States v. Wilson,

(5th Cir. 1989)). The Court has reviewed the Report and Recommendation and finds that it is neither clearly erroneous nor contrary to law. Therefore: 1. The Report and Recommendation [19] is ADOPTED as the order of the Court; and 2. This case is REVERSED and REMANDED to the Commissioner of Social Security for a rehearing of the plaintiff’s application pursuant to sentence four of

(g).

SO ORDERED, this 14th day of December, 2020. /s/Debra M. Brown UNITED STATES DISTRICT JUDGE