Jakubowski v. Dudek

District Court, E.D. North Carolina

Jakubowski v. Dudek

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA WESTERN DIVISION Case No. 5:24-CV-00525-M

MERRY JAKUBOWSKI, ) Plaintiff, ORDER FRANK J. BISIGNANO, Commissioner of Social Security, ) Defendant. a) This matter comes before the court on the Plaintiff's brief in support of her request for review of the Commissioner’s decision. DE 13. Pursuant to

28 U.S.C. § 636

(b)(1) and Federal Rule of Civil Procedure 72(b), United States Magistrate Judge Robert T. Numbers, II issued a Memorandum and Recommendation (“M&R”), recommending that the court deny Plaintiff's request for reversal or remand. DE 17. 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 vy. 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.” Jd. § 636(b)(1). Absent a specific and timely objection, the court reviews only for □□□□□□

' Judge Numbers issued the M&R on May 12, 2025, and ordered that the parties file any objections within fourteen days after the M&R was served, or on or before May 29, 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, Plaintiffs request for reversal or remand [DE 13] is DENIED and the Commissioner’s decision is AFFIRMED. The Clerk of Court is directed to close this case.

SO ORDERED this &! — day of August, 2025.

Wled gues = RICHARD E. MYERS II CHIEF UNITED STATES DISTRICT JUDGE

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