Opinion
CIVIL ACTION No. 5:20-CV-60
04-22-2021
ROSALEE LANHAM, Plaintiff, v. ANDREW SAUL, Commissioner of Social Security, Defendant.
ORDER ADOPTING REPORT AND RECOMMENDATION
On this day, the above-styled matter came before this Court for consideration of the Report and Recommendation of the United States Magistrate Judge James P. Mazzone [Doc. 20]. Pursuant to this Court's Local Rules, this action was referred to Magistrate Judge Mazzone for submission of a proposed report and recommendation ("R&R"). Magistrate Judge Mazzone filed his R&R on April 7, 2021, wherein he recommends that Plaintiff's Motion for Summary Judgment on the Pleadings [Doc. 16] be granted and Defendant's Motion [Doc. 19] be denied. Magistrate Judge Mazzone 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). In addition, failure to file timely objections constitutes a waiver of de novo review and the right to appeal this Court's Order. 28 U.S.C. § 636(b)(1); Snyder v. Ridenour , 889 F.2d 1363, 1366 (4th Cir. 1989); United States v. Schronce , 727 F.2d 91, 94 (4th Cir. 1984).
Here, objections to Magistrate Judge Mazzone'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.
CONCLUSION
Having reviewed the R&R for clear error, it is the opinion of this Court that the R&R [Doc. 20] should be, and is, hereby ORDERED ADOPTED for the reasons more fully stated in the magistrate judge's report. Accordingly, Plaintiff's Motion for Judgment on the Pleadings [Doc. 16] is hereby GRANTED. Furthermore, Defendant's Motion for Summary Judgment [Doc. 19] is hereby 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 all counsel of record herein.
DATED: April 22, 2021.
/s/ _________
JOHN PRESTON BAILEY
UNITED STATES DISTRICT JUDGE