Summary
adopting Report and Recommendation of magistrate judge
Summary of this case from Swofford v. AstrueOpinion
Civil Action No. 2:08-974-SB.
March 10, 2009
ORDER
This matter is before the Court on the Plaintiff's action for judicial review, pursuant to Section 205(g) of the Social Security Act, as amended ( 42 U.S.C. § 405(g)), of a final decision of the Commissioner of Social Security, which denied the Plaintiff's claim for disability insurance benefits. The record includes a report and recommendation ("R R") of a United States Magistrate Judge, made in accordance with 28 U.S.C. § 636(b)(1)(B) and Local Rule 73.02(B)(2)(a). In the R R, filed on February 18, 2009, the Magistrate Judge recommends that the Commissioner's decision be reversed pursuant to sentence four of 42 U.S.C. § 405(g) and 1383(c)(3), and that the case be remanded to the Commissioner for consideration of the new evidence, a proper determination of the Plaintiff's residual functional capacity, and continuation of the sequential evaluation process if necessary. In a notice filed on February 25, 2009, the Defendant informed the Court that he will not file objections to the R R. Likewise, the Court has not received any objections from the Plaintiff.
Absent timely objection from a dissatisfied party, a district court is not required to review, under a de novo or any other standard, a Magistrate Judge's factual or legal conclusions. Thomas v. Arn, 474 U.S. 140, 150 (1985). Here, because no objections were filed, the Court need not conduct a de novo review of any portion of the R R. Accordingly, the Court hereby adopts the Magistrate Judge's R R as the Order of the Court, and it is
ORDERED that the decision of the Commissioner of Social Security is reversed pursuant to sentence four of 42 U.S.C. § 405(g), and the case is remanded to the Commissioner for further action as set forth in the R R.