Dineen v. Commissioner of Social Security

Middle District of Florida, flmd-8:2017-cv-01773

ORDER adopting {{22}} Report and Recommendation. Signed by Judge James D. Whittemore on 1/18/2019. (AKA)

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PageID 929 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION TIMOTHY P. DINEEN, Plaintiff, v. Case No: 8:17-cv-1773-T-27AAS NANCY BERRYHILL, Deputy Commissioner for Operations, Social Security Administration, Defendant. ___________________________________/ ORDER BEFORE THE COURT is the Report and Recommendation from the Magistrate Judge recommending that the decision of the Commissioner be affirmed and the complaint be dismissed. (Dkt. 22). Neither party filed objections and the time for doing so has expired. A district court may accept, reject or modify a magistrate judge's report and recommendation. 28 U.S.C. § 636(b)(1). In the absence of specific objections, there is no requirement that factual findings be reviewed de novo, and the court may accept, reject or modify, in whole or in part, the findings and recommendations. § 636(b)(1)(C); Garvey v. Vaughn, 993 F.2d 776, 779 n.9 (11th Cir. 1993). Legal conclusions are reviewed de novo, even in the absence of an objection. See LeCroy v. McNeil, 397 F. App'x 554, 556 (11th Cir. 2010) (citing United States v. Warren, 687 F.2d 347, 348 (11th Cir. 1982)); Cooper-Houston v. S. Ry. Co., 37 F.3d 603, 604 (11th Cir. 1994). After conducting a careful and complete review of the findings, conclusions, and recommendations, and giving de novo review to matters of law, 1. The Report and Recommendation (Dkt. 22) is APPROVED and ADOPTED for all 1 PageID 930 purposes, including for appellate review. 2. The decision of the Commissioner is AFFIRMED. Plaintiff's Complaint is DISMISSED. 3. The Clerk shall enter final judgment in favor of Nancy Berryhill, Deputy Commissioner for Operations, Social Security Administration and against the Plaintiff. 4. The Clerk is directed to CLOSE the file. DONE AND ORDERED this 18th day of January, 2019. /s/ James D. Whittemore JAMES D. WHITTEMORE United States District Judge Copies to: Counsel of record Pro Se Plaintiff 2