William Lamm v. Frank J. Bisignano, Commissioner of Social Security

Summary

The United States District Court for the Eastern District of North Carolina adopts a magistrate judge’s memorandum and recommendation in a Social Security case. Because neither party objected and the court found no clear error, it remands the matter to the Commissioner of Social Security for further proceedings.

Holdings

1. When neither party timely objects to a magistrate judge's memorandum and recommendation, the district court reviews the recommendation for clear error rather than conducting de novo review.
2. The district court found no clear error in the memorandum and recommendation, adopted its conclusions, and remanded the case for further proceedings.

Questions Presented

1. Whether the district court should review the magistrate judge's memorandum and recommendation for clear error when neither party objected.
2. Whether the memorandum and recommendation recommending remand should be adopted.

Disposition

remanded