Issette v. Kijakazi ( 2021 )

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA WESTERN DIVISION No. 5:20-CV-200-D RONNIE ISSETTE, ) Plaintiff, V. ORDER KILOLO KIJAKAZI, Acting Commissioner of Social Security, ) . Defendant. On August 2, 2021, Magistrate Judge Jones issued a Memorandum and Recommendation (“M&R”) [D.E. 29] and recommended that the court grant plaintiffs motion for judgment on the pleadings [D.E. 24], deny defendant’s motion for judgment on the pleadings [D.E. 26], and remand the action to the Commissioner. Neither party objected to the M&R. “The Federal Magistrates Act requires a district court to make a de novo determination of those portions of the magistrate judge’s report or specified proposed findings or recommendations to which objection is made.” Diamond v. Colonial Life & Accident Ins. Co., 416 F.3d 310, 315 (4th Cir. 2005) (alteration, emphasis, and quotation omitted); see 28 U.S.C. § 636(b). Absent a timely objection, “a district court need not conduct a de novo 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.” Diamond, 416 F.3d at 315 (quotation omitted). The court has reviewed the M&R, the record, and the briefs. The court is satisfied that there is no clear error on the face of the record. Accordingly, the court adopts the conclusions in the M&R [D.E. 29]. In sum, the court GRANTS plaintiff's motion for judgment on the pleadings [D.E. 24], DENIES defendant’s motion for judgment on the pleadings [D.E. 26], and REMANDS the action to the Commissioner. SO ORDERED. This {7 day of August 2021. : Bw 2A, Be C. DEVER I United States District Judge