Lowe v. Kijakazi
Lowe v. Kijakazi
Trial Court Opinion
IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA EASTERN DIVISION No, 4:21-CV-89-D
MARCELLA LOWE, ) Plaintif
v. ORDER KILOLO KUAKAZI, Acting Commissioner of Social Security, ) Defendant.
On July 19, 2022, Magistrate Judge Swank issued a Memorandum and Recommendation (“M&R”) and recommended that this court deny plaintiff's motion for judgment on the pleadings - [D.E. 15], grant defendant’s motion for judgment on the pleadings [D.E. 17], and affirm defendant’ □
_ decision. [D.E. 20]. 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 euiection 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(b). Absent a timely objection, “a district court need not conduct a de more 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 that there is no clear error on the face of the record. Accordingly, the court adopts the conclusions in the M&R [DE. 20].
In sum, the court DENIES plaintiff's motion for judgment on the pleadings [D.E. 15], GRANTS defendant’s motion for judgment on the pleadings [D.E. 17], AFFIRMS defendant’s final decision, and DISMISSES this action. The clerk shall close the case. SO ORDERED. This _8_ day of August, 2022.
aoe C. DEVER Il . United States District Judge
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Reference
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