The opinion
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
WESTERN DIVISION
Case No. 5:23-CV-00157-M
ELIOT BROWN, )
)
Plaintiff, )
)
Vv. ) ORDER
)
MARTIN O’MALLEY, )
Commissioner of Social Security, )
)
Defendant. )
ao)
Before the court is the Plaintiff's motion for judgment on the pleadings pursuant to Rule
12(c) of the Federal Rules of Civil Procedure. DE 32. Pursuant to 28 U.S.C. § 636(b)(1) and
Federal Rule of Civil Procedure 72(b), United States Magistrate Judge Kimberly A. Swank issued
a Memorandum and Recommendation (“M&R”), recommending that the court grant Plaintiffs
motion and remand the matter to the Commissioner for further proceedings. DE 36. 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
1 Judge Swank issued the M&R on January 29, 2024, and ordered that the parties file any objections
on or before February 12, 2024. See 28 U.S.C. § 636(b)(1); FED. R. Civ. P. 72(b)(2); Local Civil
Rule 72.4(b). The parties’ motions and the M&R were submitted to this court for disposition on
February 14, 2024.
is made.” Jd. § 636(b)(1). Absent a specific and timely objection, the court reviews only for “clear
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 32] is GRANTED, 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 @® ___ day of February, 2024.
“had TE
RICHARD E. MYERS II
CHIEF UNITED STATES DISTRICT JUDGE