Filed: Jan. 18, 2019
Latest Update: Jan. 18, 2019
Summary: ORDER JAMES D. WHITTEMORE , District Judge . 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 fi
Summary: ORDER JAMES D. WHITTEMORE , District Judge . 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 fin..
More
ORDER
JAMES D. WHITTEMORE, District Judge.
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 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.