Sanchez v. Commissioner of Social Security

Middle District of Florida, flmd-8:2017-cv-01005

ORDER: The report and recommendation (Doc. # {{18}}) is ACCEPTED and ADOPTED. The decision of the Commissioner of Social Security denying benefits is AFFIRMED. The Clerk is directed to close this case and to enter judgment in favor of the Commissioner reflecting that the Commissioner's decision denying benefits is affirmed. Signed by Judge Virginia M. Hernandez Covington on 7/23/2018. (KAK)

Interested in this case?

Current View

Full Text

PageID 804 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION JUAN SANCHEZ, Plaintiff, Case No. 8:17-cv-1005-T-33MAP v. COMMISSIONER OF SOCIAL SECURITY, Defendant. _____________________________/ ORDER This matter is before the Court on consideration of United States Magistrate Judge Mark A. Pizzo's report and recommendation (Doc. # 18), filed on July 5, 2018, recommending that the decision of the Commissioner denying benefits be affirmed. As of this date, there are no objections to the report and recommendation, and the time for the parties to file such objections has elapsed. 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). PageID 805 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). Accordingly, it is now ORDERED, ADJUDGED, and DECREED: (1) The report and recommendation (Doc. # 18) is ACCEPTED and ADOPTED. (2) The decision of the Commissioner of Social Security denying benefits is AFFIRMED. (3) The Clerk is directed to close this case and to enter judgment in favor of the Commissioner reflecting that the Commissioner's decision denying benefits is affirmed. DONE and ORDERED in Chambers, in Tampa, Florida, this 23rd day of July, 2018. -2- PageID 806 -3-