Deborah B. v. Frank Bisignano

Summary

The United States District Court for the Middle District of North Carolina reviewed a magistrate judge’s recommendation in a Social Security disability action. Finding no clear error and no objections, the court affirmed the Commissioner’s decision, denied the plaintiff’s dispositive brief, granted the defendant’s dispositive brief, and dismissed the action with prejudice.

Holdings

1. Because no objections were filed, the district court was required to determine whether the recommendation contained clear error on the face of the record; the court found no clear error and accepted the recommendation.
2. The Commissioner's decision finding Plaintiff not disabled was affirmed, and the action was dismissed with prejudice.

Questions Presented

1. Whether the magistrate judge's memorandum opinion and recommendation contained clear error on the face of the record.
2. Whether the Commissioner's decision finding that Plaintiff was not disabled should be affirmed.

Disposition

affirmed