Olvarria v. Kijakazi

District Court, E.D. North Carolina

Olvarria v. Kijakazi

Trial Court Opinion

INTHE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA WESTERN DIVISION No. 5:20-CV-490-D

REINALDO OLVARRIA, ) for minor child, ERO, ) Plaintiff, v. ORDER KILOLO KUAKAZI, Acting Commissioner of Social Security, ) □ Defendant. □

On January 25, 2022, Magistrate Judge Kimberly A. Swanks issued a Memorandum and Recommendation (“M&R”) [D.E. 38] and recommended that the court grant plaintifr s motions for judgment on the pleadings [D.E. 27, 29, 30, 31], deny defendant’s motion for judgment on the pleadings [D.E. 34], and remand the action to the Commissioner. Neither party objected to the □□□□

_ “The Federal Magistrates Act requires a district oom to make a de novo Geieeninatinn 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) (cleaned up); see

28 U.S.C. § 636

(6)(1). Absent a timely objection, “a district court need 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 F.3d at 315

(quotation omitted). The court has reviewed the M&R, the record, and the briefs. The court is satisfied there is no clear error on the face of the record. Accordingly, the court adopts the conclusions in the M&R [D.E. 26].

\ In sum, the court GRANTS plaintiffs motions for judgment on the pleadings [D.E. 27, 29, 30, 31], DENIES defendant’s motion for judgment on the pleadings [D.E. 34], and REMANDS the action to the Commissioner. . . SO ORDERED. This _{4 day of February, 2022.

Ate C. DEVER IIL United States District Judge

too, \

Reference

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