Morrow v. O'Malley ( 2024 )

_ IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA WESTERN DIVISION No. 5:23-CV-221-D AVERY MORROW, ) Plaintiff, . ve ORDER MARTIN O'MALLEY, Commissioner of Social Security, ) Defendant. On August 15, 2024, Magistrate Judge Brian S. Meyers, issued a Memorandum and Recommendation (“M&R”) [D.E. 16] and recommended that the court 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 noe 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) (cleaned up); see 28 U.S.C. § 636(b)(1). 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 there is no clear error on the face of the record. Accordingly, the court adopts the conclusions in the M&R [D.E. 16]. . In sum, the court ADOPTS the conclusions in the M&R [D.E. 16] and REMANDS the action to the Commissioner. SO ORDERED. This | day of September, 2024. et . J. S C. DEVER Ii United States District Judge