IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA WESTERN DIVISION Case No. 5:22-CV-00367-M-BM KILEY ANN STRADER, ) Plaintiff, V. ORDER MARTIN O’MALLEY, Commissioner of Social Security, ) Defendant. a) These matters come before the court on the Plaintiff's motion for judgment on the pleadings [DE 16] and Defendant’s motion for judgment on the pleadings [DE 18]. Pursuant to

(b)(1) and Federal Rule of Civil Procedure 72(b), United States Magistrate Judge Brian S. Meyers entered a memorandum and recommendation (““M&R”), recommending that the court grant Plaintiff's motion, deny Defendant’s motion, and remand the matter to the Commissioner for further proceedings. DE 22. 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.”

(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.”

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

Judge Meyers issued the M&R on February 2, 2024. Objections were due to be filed on or before February 15, 2024. See DE 22. The parties’ motions and M&R were submitted to this court for disposition on February 21, 2024.

error” and need not give any explanation for adopting the recommendation. Diamond vy. 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 16] is GRANTED, Defendant’s motion for judgment on the pleadings [DE 18] 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.

SOORDERED this 2G _ day of February, 2024.

ae A. | oipces <1, RICHARD E. MYERS Il CHIEF UNITED STATES DISTRICT JUDGE