PANTOJA v. COMMISSIONER OF SOCIAL SECURITY, 8:15-cv-1414-T-23MCR. (2016)
Court: District Court, M.D. Florida
Number: infdco20160115r46
Visitors: 8
Filed: Jan. 14, 2016
Latest Update: Jan. 14, 2016
Summary: ORDER STEVEN D. MERRYDAY , District Judge . A December 3, 2015 report (Doc. 15) recommends granting the Commissioner's motion (Doc. 12) for summary judgment * and affirming the Commissioner's decision. More than seventeen days has passed, and the plaintiff fails to object. The report (Doc. 15) is ADOPTED, the Commissioner's motion (Doc. 12) is GRANTED, and the Commissioner's decision is AFFIRMED. The clerk is directed (1) to enter a judgment for the Commissioner and against the plaintiff
Summary: ORDER STEVEN D. MERRYDAY , District Judge . A December 3, 2015 report (Doc. 15) recommends granting the Commissioner's motion (Doc. 12) for summary judgment * and affirming the Commissioner's decision. More than seventeen days has passed, and the plaintiff fails to object. The report (Doc. 15) is ADOPTED, the Commissioner's motion (Doc. 12) is GRANTED, and the Commissioner's decision is AFFIRMED. The clerk is directed (1) to enter a judgment for the Commissioner and against the plaintiff a..
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ORDER
STEVEN D. MERRYDAY, District Judge.
A December 3, 2015 report (Doc. 15) recommends granting the Commissioner's motion (Doc. 12) for summary judgment* and affirming the Commissioner's decision. More than seventeen days has passed, and the plaintiff fails to object. The report (Doc. 15) is ADOPTED, the Commissioner's motion (Doc. 12) is GRANTED, and the Commissioner's decision is AFFIRMED. The clerk is directed (1) to enter a judgment for the Commissioner and against the plaintiff and (2) to close the case.
FootNotes
* Although the Commissioner moves (Doc. 12) to dismiss, an October 7, 2015 order (Doc. 14) converts the motion into a motion for summary judgment. See Trustmark Ins. Co. v. ESLU, Inc., 299 F.3d 1265, 1267 (11th Cir. 2002) ("Whenever a judge considers matters outside the pleadings in a 12(b)(6) motion, that motion is thereby converted into a Rule 56 Summary Judgment motion."). The order "notif[ied] the parties that the motion has been converted, and g[a]ve the parties 10 days in which to supplement the record." Trustmark, 299 F.3d at 1267.
Source: Leagle
