Holbert v. Commissioner of the Social Security Administration ( 2023 )


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  • IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA ORANGEBURG DIVISION Danny Joe Holbert, Case No. 5:22-cv-01438-TLW PLAINTIFF v. ORDER Kilolo Kijakazi, Acting Commissioner of Social Security Administration, DEFENDANT This social security matter is before the Court for review of the Report and Recommendation (“Report)” filed by United States Magistrate Judge Kaymani D. West to whom this case was assigned. ECF No. 11. In the Report, the magistrate judge recommends reversing the Commissioner’s decision and remanding the case. at 11. The Commissioner filed a notice informing the Court that no objections would be filed. ECF No. 12. This matter is now ripe for decision. The Court is charged with conducting a review of any portion of the Report to which a specific objection is registered, and may accept, reject, or modify, in whole or in part, the recommendations contained in the Report. 28 U.S.C. § 636. However, in the absence of objections, the Court is not required to give any explanation for adopting the recommendation. , 718 F.2d 198, 200 (4th Cir. 1983). In such a case, “a district court need not conduct a review, but instead must ‘only satisfy itself that there is no clear error on the face of Page 11 of 22 the record in order to accept the recommendation.’” , 416 F.3d 310, 315 (4th Cir. 2005) (quoting Fed. R. Civ. P. 72 advisory committee’s note). The Court has carefully reviewed the Report. Having found no clear error on the face of the record, the Report is AACCEPTED, and the Commissioner’s decision is REVERSED. This case is RREMANDED to the Commissioner for further proceedings consistent with the Report and this order. IIT IS SO ORDERED. Terry L. Wooten Senior United States District Judge May 5, 2023 Columbia, South Carolina Page 22 of 22

Document Info

Docket Number: 5:22-cv-01438-TLW

Filed Date: 5/5/2023

Precedential Status: Precedential

Modified Date: 6/27/2024