From Casetext: Smarter Legal Research

Holcomb v. Astrue

United States District Court, D. South Carolina, Columbia Division
Dec 1, 2009
C.A. No. 3:08-2881-HMH-JRM (D.S.C. Dec. 1, 2009)

Summary

finding the ALJ's failure to specifically address Listing 12.05 was harmless error when the Plaintiff had not shown she met the requisite criteria

Summary of this case from Patterson v. Colvin

Opinion

C.A. No. 3:08-2881-HMH-JRM.

December 1, 2009


OPINION AND ORDER


This matter is before the court for review of the Report and Recommendation of United States Magistrate Judge Joseph R. McCrorey, made in accordance with 28 U.S.C. § 636(b)(1) and Local Civil Rule 73.02 for the District of South Carolina.

The magistrate judge makes only a recommendation to this court. The recommendation has no presumptive weight. The responsibility to make a final determination remains with this court. See 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 and Recommendation 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. See 28 U.S.C. § 636(b)(1) (2006).

The Plaintiff filed no objections to the Report and Recommendation. In the absence of objections to the magistrate judge's Report and Recommendation, this court is not required to give any explanation for adopting the recommendation. See Camby v. Davis, 718 F.2d 198, 199 (4th Cir. 1983). The court must "only satisfy itself that there is no clear error on the face of the record in order to accept the recommendation." Diamond v. Colonial Life Acc. Ins. Co., 416 F.3d 310, 315 (4th Cir. 2005).

After a thorough review of the Report and Recommendation and the record in this case, the court adopts Magistrate Judge McCrorey's Report and Recommendation and incorporates it herein. It is therefore

ORDERED that the Commissioner's decision is affirmed.

IT IS SO ORDERED.


Summaries of

Holcomb v. Astrue

United States District Court, D. South Carolina, Columbia Division
Dec 1, 2009
C.A. No. 3:08-2881-HMH-JRM (D.S.C. Dec. 1, 2009)

finding the ALJ's failure to specifically address Listing 12.05 was harmless error when the Plaintiff had not shown she met the requisite criteria

Summary of this case from Patterson v. Colvin
Case details for

Holcomb v. Astrue

Case Details

Full title:Sally E. Holcomb, Plaintiff, v. Michael J. Astrue, Commissioner of Social…

Court:United States District Court, D. South Carolina, Columbia Division

Date published: Dec 1, 2009

Citations

C.A. No. 3:08-2881-HMH-JRM (D.S.C. Dec. 1, 2009)

Citing Cases

Patterson v. Colvin

As to whether the ALJ's failure to expressly recite Listing 12.05 and its elements is fatal, courts, as the…

Lambert v. Colvin

rt's impairment did not equal listing 14.03(A) or (B). See Tolliver v. Astrue, No. 3:09cv372, 2010 U.S. Dist.…