Owens v. Commissioner of Social Security Administration

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA AIKEN DIVISION Ted Owens, Case No. 1:18-cv-03013-TLW PLAINTIFF v. Order Andrew M. Saul, Commissioner of Social Security, DEFENDANT This social security matter now comes before the Court for review of the Report and Recommendation (R&R) filed by the magistrate judge to whom this case was assigned. ECF No. 21. In the R&R, the magistrate judge recommends reversing the Commissioner’s decision and remanding the case. The Commissioner filed a notice informing the Court that no objections would be filed. ECF No. 22. This matter is now ripe for decision.

The Court is charged with conducting a review of any portion of the R&R to which a specific objection is registered, and may accept, reject, or modify, in whole or in part, the recommendations contained in the R&R. 28 U.S.C. § 636.

However, in the absence of objections, the Court is not required to give any explanation for adopting the recommendation. , 718 F.2d 198, 200 (4th Cir. 1983). In such a case, “a district court need not conduct a review, but instead must ‘only satisfy itself that there is no clear error on the face of the record in order to accept the recommendation.’” , 416 F.3d 310, 315 (4th Cir. 2005) (quoting Fed. R. Civ. P. 72 advisory committee’s note).

The Court has carefully reviewed the R&R. Having found no clear error on the face of the record, the R&R is ACCEPTED and the Commissioner’s decision is REVERSED. This case is REMANDED to the Commissioner for further proceedings consistent with the R&R and this order.

IT IS SO ORDERED.

Terry L. Wooten Senior United States District Judge February 11, 2020 Columbia, South Carolina