IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA WESTERN DIVISION

Case No. 5:22-cv-00042-M DAVIE BETHEA, ) Plaintife . ORDER KILOLO KIJAKAZI, Acting Commissioner of Social Security, ) Defendant. .

Before the court are the parties’ cross-motions for judgment on the pleadings pursuant to Rule 12(c) of the Federal Rules of Civil Procedure. DE 13, 16. Pursuant to

(b)(1). and Federal Rule of Civil Procedure 72(b), United States Magistrate Judge Kirnberly A. ‘Swank

entered a memorandum and recommendation (““M&R”), recommending that the court □□□□□□ Plaintiff's motion, deny Defendant’s motion, and remand the matter: to the Commissioner for further proceedings. DE 18. 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 further evidence or recommit the matter to the magistrate judge with instructions.” U.S.C. § 636(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 objection is made.” Jd. § 636(b)(1). Absent a specific and timely objection, the court reviews only for “clear’

Judge Swank issued the M&R on January 20, 2023. Objections were due to be filed on or before February 3, 2023. See DE 18. The parties’ motions and M&R were submitted to this court for - disposition on February 6, 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, and 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 13]:is GRANTED, Defendant's. motion for judgment on the pleadings [DE 16] is DENIED, and the matter is remanded to the Commissioner for further proceedings consistent with the M&R and this order. The Clerk ofCourt . is directed to close this case.

SO ORDERED this & __ day of February, 2023.

“del & /Y | Ys ue

. RICHARD E.MYERSIT | □ CHIEF UNITED STATES DISTRICT JUDGE