Figueroa v. Commissioner of Social Security

Middle District of Florida, flmd-8:2016-cv-01343

ORDER: The Report and Recommendation (Doc. # {{7}}) is accepted and adopted. Plaintiff Suheily Figueroa's Motion for Leave to Proceed in forma pauperis (Doc. # {{6}}) is denied without prejudice. Plaintiff Suheily Figueroa's Complaint is di smissed without prejudice, with leave to file an amended complaint on or before October 24, 2016. The Clerk is directed to terminate all pending motions and, thereafter, close this case. Signed by Judge Virginia M. Hernandez Covington on 9/23/2016. (DMD)

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PageID 29 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION SUHEILY FIGUEROA, Plaintiff, v. Case No: 8:16-cv-1343-T-33JSS COMMISSIONER OF SOCIAL SECURITY, Defendant. ________________________________/ ORDER This matter comes before the Court on upon consideration of United States Magistrate Judge Julie S. Sneed's Report and Recommendation (Doc. # 7), entered on September 1, 2016, recommending that Plaintiff Suheily Figueroa's Motion for Leave to Proceed in forma pauperis be denied and Figueroa's Complaint be dismissed. As of the date of this Order, no objections have been filed and the time for filing objections has lapsed. The Court accepts and adopts the Report and Recommendation, denies the Motion for Leave to Proceed in forma pauperis, and dismisses the Complaint. I. Background Figueroa, proceeding pro se, filed her Complaint on May 31, 2016. It appears that Figueroa intended the Complaint to be either an application for disability benefits for her son or an appeal of a decision by the Commissioner of Social Security; however, the Complaint does not allege that Figueroa has exhausted her 1 PageID 30 administrative remedies or provide the date of the disability's onset, the date of the application for benefits, or the date those benefits were denied. (Doc. # 1). Thereafter, Figueroa filed a Motion for Leave to Proceed in forma pauperis (Doc. # 6), which was referred to Judge Sneed. Judge Sneed subsequently entered the Report and Recommendation considered herein. II. Discussion After conducting a careful and complete review of the findings and recommendations, a district judge may accept, reject or modify the magistrate judge's Report and Recommendation. 28 U.S.C. § 636(b)(1); Williams v. Wainwright, 681 F.2d 732 (11th Cir. 1982), cert. denied, 459 U.S. 1112 (1983). In the absence of specific objections, there is no requirement that a district judge review factual findings de novo, Garvey v. Vaughn, 993 F.2d 776, 779 n.9 (11th Cir. 1993), and the court may accept, reject or modify, in whole or in part, the findings and recommendations. 28 U.S.C. § 636(b)(1)(C). The district judge reviews legal conclusions de novo, even in the absence of an objection. See Cooper-Houston v. S. Ry. Co., 37 F.3d 603, 604 (11th Cir. 1994); Castro Bobadilla v. Reno, 826 F. Supp. 1428, 1431-32 (S.D. Fla. 1993), aff'd, 28 F.3d 116 (11th Cir. 1994) (Table). After conducting a careful and complete review of the findings, conclusions and recommendations, and giving de novo review to matters of law, the Court accepts the factual findings 2 PageID 31 and legal conclusions of the magistrate judge and the recommendation of the magistrate judge. Accordingly, it is now ORDERED, ADJUDGED, and DECREED: (1) The Report and Recommendation (Doc. # 7) is ACCEPTED and ADOPTED. (2) Plaintiff Suheily Figueroa's Motion for Leave to Proceed in forma pauperis (Doc. # 6) is DENIED without prejudice. (3) Plaintiff Suheily Figueroa's Complaint is DISMISSED without prejudice, with leave to file an amended complaint on or before October 24, 2016. (4) The Clerk is directed to terminate all pending motions and, thereafter, CLOSE this case. DONE and ORDERED in Chambers in Tampa, Florida, this 23rd day of September, 2016. 3