IN THE UNITED STATES DISTRICTCOURT . __ FOR THE EASTERN DISTRICT OF NORTH CAROLINA EASTERN DIVISION No. 4:20-CV-162-D

LISA MOSELEY, . Plaintiff, v. ORDER KILOLO KUAKAZI, Acting Commissioner of Social Security, ) - Defendant.

On February 1, 2022, Magistrate Judge Kimberly A. Swanks issued a Memorandum and Recommendation (“M&R”) [D.E. 33] and recommended that the court grant plaintiff's motion for judgment on the pleadings [D.E. 231, deny defendant’s motion for judgment on the pleadings [D.E. 30], and remand the action to the Commissioner. Neither aa 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.,

(4th Cir. 2005) (cleaned up); see

(b)(1). Absent a timely objection, “a district courtneed _ 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,

(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. 33].

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. 30], and REMANDS the action to the Commissioner. ~ SO ORDERED. This | day of February, 2022.

Dav ae C. DEVER Il . United States District Judge