Hill v. Kijakazi ( 2023 )

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA WESTERN DIVISION Case No. 5:21-CV-00487-M , - MATTHEW HILL, ) : Plaintiff, ) ) ) ORDER ) : _KILOLO KIJAKAZI, ) Acting Commissioner of Social Security, ) ) □□ Defendant. ) oo) □ 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 12; 14. 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 entered a memorandum. and recommendation (“M&R”), recommending that the court □□□□ Plaintiff's motion, grant Defendant’s motion, and affirm the Commissioner’s determination.. DE 16: 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 obj ection □ _ ismade.” Id. § 63 6(b)( 1). Absent a specific and timely objection, the court reviews only for “clear 4 Judge Numbers issued the M&R on October 21, 2022. Objections were due to be filed on or _ before November 4, 2022. See DE 16. The parties’ motions and M&R were submitted to this~ court for.disposition on November 14, 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). 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 motion for judgment on the pleadings [DE 12] is DENIED, Defendant’s motion: □□ for judgment on the pleadings [DE 14] is GRANTED, and the Commissioner’s determination is AFFIRMED. The Clerk-of-Court is directed to close this case. SO ORDERED this “3° _ day of March, 2023. CA LEM ve RICHARD E.MYERSII CHIEF UNITED STATES DISTRICT JUDGE . 2 □