Opinion
Civil Action 5:22-CV-174
06-08-2023
DONNA JEAN CARR-COOPER, Plaintiff, v. KILOLO KIJAKAZI, Acting Commissioner of Social Security, Defendant.
ORDER ADOPTING REPORT AND RECOMMENDATION
JOHN PRESTON BAILEY, UNITED STATES DISTRICT JUDGE
The above-styled matter came before this Court for consideration of the Report and Recommendation of United States Magistrate Judge Aioi [Doc. 27], Pursuant to this Court's Local Rules, this action was referred to Magistrate Judge Aioi for submission of a proposed report and a recommendation (“R&R”). Magistrate Judge Aioi filed his R&R on May 19, 2023, wherein he recommends that Plaintiff's Motion for Summary Judgment [Doc. 12] be granted and Defendant's Motion for Summary Judgment [Doc. 15] be denied. Magistrate Judge Aioi also recommends that this matter be remanded to the ALJ.
Pursuant to 28 U.S.C. § 636(b)(1)(C), this Court is required to make a de novo review of those portions of the magistrate judge's findings to which objection is made. However, the Court is not required to review, under a de novo or any other standard, the factual or legal conclusions of the magistrate judge as to those portions of the findings or recommendation to which no objections are addressed. Thomas v. Arn, 474 U.S. 140, 150 (1985). Nor is this Court required to conduct a de novo review when the party makes only “general and conclusory objections that do not direct the court to a specific error in the magistrate's proposed findings and recommendations.” Orpiano v. Johnson, 687 F.2d 44, 47 (4th Cir. 1982).
Here, objections to Magistrate Judge Aioi's R&R were due within fourteen (14) days of receipt of the R&R, pursuant to 28 U.S.C. § 636(b)(1) and Rule 72(b)(2) of the Federal Rules of Civil Procedure. Having filed no objections within that time frame, defendant has waived the right to both de novo review and to appeal this Court's Order pursuant to 28 U.S.C. § 636(b)(1). Consequently, the R&R will be reviewed for clear error.
Having reviewed the R&R for clear error, it is the opinion of this Court that the Report and Recommendation [Doc. 27] should be, and is, hereby ORDERED ADOPTED for the reasons more fully stated in the magistrate judge's report. Accordingly, this Court further ORDERS that Plaintiffs Motion for Summary Judgment [Doc. 12] be GRANTED and Defendant's Motion for Summary Judgment [Doc. 15] be DENIED. This Court further ORDERS that this matter be REMANDED to the ALJ for the reasons set forth more fully in the R&R. Finally, this Court ORDERS that this matter be STRICKEN from the active docket of this Court.
It is so ORDERED.
The Clerk is directed to transmit copies of this Order to any counsel of record.