IN THE UNITED STATES DISTRICT COURT □ FOR THE EASTERN DISTRICT OF NORTH CAROLINA SOUTHERN DIVISION —

Case No. 7:21-CV-00175-M__ AMY GILMAN, ) □

Plaintiff, ORDER» KILOLO KUAKAZI. Acting Commissioner of Social Security, ) □

Defendant. ) □□□ Before the court are the parties’ cross-motions for judgment on the penne pursuant to

Rule 12(c) of the Federal Rules of Civil Procedure. DE 18,23. Pursuant to

6(b)(1) and Federal Rule of Civil Procedure 72(b), United States Magistrate Judge Robert B. Jones, Ir.

entered a memorandum and recommendation (““M&R”), recommending that the court grant Plaintiff's motion, deny Defendant’s motion, and remand the matter the Commissioner for □

. further proceedings. DE 26. To date, no objections have been filed.! . A magistrate judge’s recommendation carries no presumptive weight. The court “may accept, reject, or modify, in whole or in part, the .. .recommendation[]... receive furtherevidence or recommit the matter to the magistrate judge with instructions.”

6(b)(1); accord Mathews v. Weber,

(1976). The court “shall make a de novo determination of

. those portions of the report or specified proposed findings or recommendations to which obj ection

is made.”

§ 636(b)(1). Absent a specific and timely objection, the court reviews only for “clear

1 Judge Jones issued the M&R on January 27, 2023. Objections were due to be filed on or before February 10, 2023. See DE 26. The parties’ motions and M&R were submitted to this court for disposition on February 22, 2023.

error” and need not give any explanation for adopting the recommendation. Diamond v. Colonial —

Life & Accident Ins. Co.,

(4th Cir. 2005). Upon careful review of the M&R and the record presented, arid finding no clear error, the court ADOPTS the recommendation of the magistrate judge as its own. For the reasons stated therein, Plaintiff's motion for judgment on the pleadings [DE 18] is. GRANTED, Defendant's motion for judgment on the pleadings [DE 23] is DENIED, and the matter is:remanded to the Commissioner for further proceedings consistent with the M&R and this order. The Clerk of Court is directed to close this case.

SO ORDERED this 28 day of February, 2023.

. RICHARD E. MYERS II CHIEF UNITED STATES DISTRICT JUDGE