Filed: Jul. 30, 2012
Latest Update: Jul. 30, 2012
Summary: ORDER VIRGINIA M. HERNANDEZ COVINGTON, District Judge. This cause comes before the Court pursuant to the July 10, 2012, Report and Recommendation of Douglas N. Frazier, United States Magistrate Judge (Doc. #19), in which Judge Frazier recommends that the decision of the Commissioner denying benefits be affirmed pursuant to sentence four of 42 U.S.C. 405(g). As of this date, there are no objections to the Report and Recommendation, and the time for the parties to file such objections has ela
Summary: ORDER VIRGINIA M. HERNANDEZ COVINGTON, District Judge. This cause comes before the Court pursuant to the July 10, 2012, Report and Recommendation of Douglas N. Frazier, United States Magistrate Judge (Doc. #19), in which Judge Frazier recommends that the decision of the Commissioner denying benefits be affirmed pursuant to sentence four of 42 U.S.C. 405(g). As of this date, there are no objections to the Report and Recommendation, and the time for the parties to file such objections has elap..
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ORDER
VIRGINIA M. HERNANDEZ COVINGTON, District Judge.
This cause comes before the Court pursuant to the July 10, 2012, Report and Recommendation of Douglas N. Frazier, United States Magistrate Judge (Doc. #19), in which Judge Frazier recommends that the decision of the Commissioner denying benefits be affirmed pursuant to sentence four of 42 U.S.C. § 405(g). 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). 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).
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 and legal conclusions of the magistrate judge and the recommendation of the magistrate judge.
Accordingly, it is hereby
ORDERED, ADJUDGED, and DECREED:
(1) The Report and Recommendation of Douglas N. Frazier, United States Magistrate Judge (Doc. #19), is ACCEPTED and ADOPTED.
(2) The decision of the Commissioner of Social Security denying benefits is AFFIRMED pursuant to sentence four of 42 U.S.C. § 405(g).
(3) The Clerk is directed to enter judgment in favor of the Commissioner reflecting that the Commissioner's decision denying benefits is affirmed, and thereafter to close this case.
DONE and ORDERED.
