Castro v. Kijakazi
Castro v. Kijakazi
Trial Court Opinion
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, 416 □□□ 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 .
Reference
- Status
- Unknown