Castro v. Kijakazi

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF NORTH CAROLINA / SOUTHERN DIVISION

No. 7:20-CV-35-D

SHEREE ROSE CASTRO, )

Plaintiff, □ v. ORDER

KILOLO KUAKAZL, Acting Cy

Commissioner of Social Security, ) □ Defendant. □

On August 31, 2021, Magistrate Judge Meyers issued a Memorandum and Recommendation ~ (“M&R”) [D.E. 28] and recommended that the court grant plaintiffs motion for judgment on the pleadings [D.E. 23], deny defendant’s motion for judgment on the pleadings [D.E. 25], and remand the action to the Commissioner. Neither party objected to the M&R. □ “The Federal Magistrates Act requires a district court to make a de novo determination of those portions of the magistrate judge’s report or specified proposed findings or recommendations to which objection is made.” Diamond v. Colonial Life & Accident Ins, Co., 416 F.3d 310,315 (4th Cir. 2005) (alteration, emphasis, and quotation omitted); see 28 US.C. § 636(b). Absent a timely obj ection, “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, □□□ at 315 (quotation omitted).

The court has reviewed the M&R, the record, and the briefs. The court is satisfied that there is no clear error on the face of the record. Accordingly, the court adopts the conclusions in the M&R (DE. 28].

In sum, the court GRANTS plaintiff's motion for judgment on the pleadings [D.E. 23], DENIES defendant’s motion for judgment on the pleadings [D.E. 25], and REMANDS the action to the Commissioner. '

SO ORDERED. This {4-day of September, 2021.

: pat ILA:

J S C. DEVER II

United States District Judge 2 .