Dixon v. Kijakazi ( 2022 )

IN THE UNITED STATES DISTRICTCOURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA | □□ EASTERN DIVISION oe □ Case No. 4:21-CV-00033-M . _ _MELODYMARIEDIXON, =») Plaintiff □ oy ORDER KILOLO KUAKAZI, rs ee Acting Commissioner of Social Security, . .) . Defendant. □ . oe Before the court are the parties’ cross-motions for judgment on the pleadings. pursuant □□□ □ Rule 12(6) of the Federal Rules of Civil Procedure. DE 16, 18. Pursuant to 28 US.C.§ 636(b)(1) □ and Federal Rule of Civil Procedure 72(b), United States Magistrate judge Robert T. Numbers _ entered a memorandum and recommendation (“M&R”), recommending that the court pratt Plaintiff’ s motion, deny Defendant’s motion, and affirm the Commissioner's. determination DE 22. To date, no objections have been filed. ae . | A magistrate judge’s recommendation carries rio presumptive weight, The court □□ □ □ 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 USC. § 636(b)(1); accord Mathews v. Weber, 423 US. 261, 27) (1976). The court “shall make a de novo determination of those portions of the report or specified proposed findings or recommendations to which obj ection is made.” Id. § 63 6(b)(1). Absent a specific and timely objection, the court reviews only for “clear | judge Numbers issued the. M&R on February 1, 2022. Objections were’ due to be filed on or before February 16, 2022. See DE 22. The parties’ motions and M&R were submitted to this court for disposition on February 15, 2022. . 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). oe Upon cateful review of the M&R and the record presented, and finding no clear error, the □□ . court ADOPTS the recommendation of the magistrate fodee as its a For the reasons stated therein, Plaintif? S motion for judgment on the pleadirigs [DE 16] is GRANTED, Defendant's motion. for judgment on the pleadings DE 13} is DENIED, and the matter is remanded to the Commissioner for further proceedings consistent with the Ma&R and this order. The Clerk of Court is directed to close this case. . : / a SO ORDERED this 1a day of April, 2022. oe a RICHARD E.MYERS II CHIEF UNITED STATES DISTRICT JUDGE.