Pecora v. Kijakazi ( 2022 )

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA WESTERN DIVISION Case No. 5:21-CV-00043-M CHARLES PECORA, JR., ) Plaintiff, . ORDER KILOLO KIJAKAZI, Acting Commissioner of Social Security, ) Defendant. Before the court are the parties’ cross-motions for judgment on the pleadings pursuant to Rule 12(c) of the Federal Rules of Civil Procedure. DE 18, 20. Pursuant to 28 U.S.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 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.” 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 Judge Numbers issued the M&R on June 13, 2022. Objections were due to be filed on or before June 27, 2022. See DE 22. The parties’ motions and M&R were submitted to this court for disposition on June 29, 2022. is made.” Jd. § 636(b)(1). Absent a specific and timely epiccion! the court reviews only □□□□□□ . error” and need not give any explanation for adopting the recommendation. Diamond y. 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 moon for judgment on the pleadings [DE 18] is GRANTED, Defendant’s motion for judgment on the pleadings [DE 20] 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. SO ORDERED this __/ oy of July, 2022. Cle € □□ □□ . RICHARD E. MYERS II . CHIEF UNITED STATES DISTRICT JUDGE 9 .