Summary
The United States District Court for the Western District of North Carolina reviewed a magistrate judge’s Memorandum and Recommendation in a Social Security case where no objections were filed. The court affirmed the recommendation, vacated the Commissioner’s decision, and remanded the matter for further administrative proceedings.
Holdings
- Although 28 U.S.C. § 636(b)(1) does not require de novo review of issues that are not the subject of an objection, the district judge remains responsible for the final determination and may conduct a careful review of the recommendation.
- The magistrate judge's Memorandum and Recommendation was affirmed, the Commissioner's decision was vacated, and the matter was remanded for further administrative proceedings.
Questions Presented
- What standard of review applies when no party objects to a magistrate judge's Memorandum and Recommendation?
- Whether the magistrate judge's Memorandum and Recommendation should be affirmed and the Commissioner's decision vacated and remanded for further administrative proceedings.
Disposition
remanded
Cases Cited (3)
- Camby v. Davis, 718 F.2d 198, 200 (4th Cir. 1983)(followed)
- Orpiano v. Johnson, 687 F.2d 44, 47 (4th Cir. 1982)(followed)
- Thomas v. Arn, 474 U.S. 140, 149 (1985)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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