Carter v. Colvin
Carter v. Colvin
Trial Court Opinion
IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA EASTERN DIVISION Case No. 4:24-CV-00021-M
RONNETTE KRISTY CARTER, ) Plaintiff, ORDER CAROLYN COLVIN, ) Acting Commissioner of Social Security, ) Defendant. a) This matter comes before the court on the Plaintiffs brief in support of her request for review of the Commissioner’s decision. DE 10. Pursuant to
28 U.S.C. § 636(b)(1) and Federal Rule of Civil Procedure 72(b), United States Magistrate Judge Robert B. Jones, Jr. issued a Memorandum and Recommendation (“M&R”), recommending that the court deny Plaintiffs request and affirm the Commissioner’s decision. DE 14. 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.”
28 U.S.C. § 636(b)(1); accord Mathews v. Weber,
423 U.S. 261, 271(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.”
Id.§ 636(b)(1). Absent a specific and timely objection, the court reviews only for “clear
' Judge Jones issued the M&R on December 19, 2024, and ordered that the parties file any objections on or before January 2, 2025. See
28 U.S.C. § 636(b)(1); FED. R. Civ. P. 72(b)(2); Local Civil Rule 72.4(b).
error” and need not give any explanation for adopting the recommendation. Diamond v. Colonial Life & Accident Ins. Co.,
416 F.3d 310, 315(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 request for review and remand [DE 10] is DENIED, and the Commissioner’s decision is AFFIRMED. The Clerk of Court is directed to close this case.
SO ORDERED this qh day of January, 2025.
ae fd eet aerate, RICHARD E. MYERS 11 CHIEF UNITED STATES DISTRICT JUDGE
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