Opinion
C.A. No.: 6:10-cv-02715-RBH
02-10-2012
Joseph Gaston Holden, Plaintiff, v. Commissioner of Social Security Administration, Defendant
ORDER
This matter is before the court for review of the Report and Recommendation of United States Magistrate Judge Kevin F. McDonald, made in accordance with 28 U.S.C. § 636(b)(1)(B) and Local Rule 73.02 for the District of South Carolina.
The Magistrate Judge makes only a recommendation to the court. The recommendation has no presumptive weight. The responsibility to make a final determination remains with the court. Mathews v. Weber, 423 U.S. 261, 270-71 (1976). The court is charged with making a de novo determination of those portions of the Report to which specific objection is made, and the court may accept, reject, or modify, in whole or in part, the recommendation of the Magistrate Judge, or recommit the matter with instructions. 28 U.S.C. § 636(b)(1).
The court is obligated to conduct a de novo review of every portion of the Magistrate Judge's report to which objections have been filed. Id. However, the court need not conduct a de novo review when a 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). In the absence of a timely filed, specific objection, the Magistrate Judge's conclusions are reviewed only for clear error. See Diamond v. Colonial Life & Accident Ins. Co., 416 F.3d 310, 315 (4th Cir. 2005).
The magistrate judge recommended that the case be remanded for further administrative proceedings pursuant to sentence four of 42 U.S.C. § 405(g). The Commissioner filed a Reply to the Report and Recommendation indicating that he would not be filing any objections to the Report (Docket Entry # 17).
After a thorough review of the record in this case, the Court finds no clear error. Accordingly, the Report and Recommendation of the Magistrate Judge is adopted and incorporated by reference. Therefore, it is
ORDERED that the Commissioner's decision is reversed under sentence four of 42 U.S.C. Section 405(g), with a remand of the case to the Commissioner for further proceedings as set out in the Report and Recommendation of Magistrate Judge McDonald. IT IS SO ORDERED.
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R. Bryan Harwell
United States District Judge
Florence, South Carolina
February 10, 2012