DEXTER v. ASTRUE, Case No: 2:11-cv-48-FtM-UA-DNF. (2012)
Court: District Court, M.D. Florida
Number: infdco20120223972
Visitors: 11
Filed: Feb. 22, 2012
Latest Update: Feb. 22, 2012
Summary: ORDER RICHARD A. LAZZARA, District Judge. This cause is before the Court on the Report and Recommendation of United States Magistrate Judge Douglas N. Frazier recommending that the decision of Defendant denying Plaintiff's application for a period of disability, disability insurance benefits, and Supplemental Security Income benefits be affirmed. 1 Plaintiff has filed an objection to which Defendant has responded. 2 The Court has undertaken a de novo review of the record in conjunction wi
Summary: ORDER RICHARD A. LAZZARA, District Judge. This cause is before the Court on the Report and Recommendation of United States Magistrate Judge Douglas N. Frazier recommending that the decision of Defendant denying Plaintiff's application for a period of disability, disability insurance benefits, and Supplemental Security Income benefits be affirmed. 1 Plaintiff has filed an objection to which Defendant has responded. 2 The Court has undertaken a de novo review of the record in conjunction wit..
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ORDER
RICHARD A. LAZZARA, District Judge.
This cause is before the Court on the Report and Recommendation of United States Magistrate Judge Douglas N. Frazier recommending that the decision of Defendant denying Plaintiff's application for a period of disability, disability insurance benefits, and Supplemental Security Income benefits be affirmed.1 Plaintiff has filed an objection to which Defendant has responded.2 The Court has undertaken a de novo review of the record in conjunction with the specific objection lodged by Plaintiff to the Report and Recommendation — the magistrate judge failed to properly consider the medical opinion of Dr. John Burke, Ph. D. — as required by Eleventh Circuit precedent.3 After doing so, the Court is of the opinion that the Report and Recommendation is due to be adopted, confirmed, and approved in all respects because Plaintiff's objection has no merit in the face of the record and Defendant's decision is supported by substantial evidence.
Accordingly, it is ordered and adjudged as follows:
1) The Report and Recommendation of the magistrate judge (Dkt. 23) is adopted, confirmed, and approved in all respects and made a part of this order for all purposes, including appellate review.
2) Defendant's decision is affirmed.
3) The Clerk is directed to enter judgment for Defendant and to close this case.
DONE AND ORDERED.
FootNotes
1. See docket 23.
2. See dockets 24 and 25.
3. See Macort v. Prem, Inc., 208 Fed.Appx. 781, 784 (11th Cir. 2006) (unpublished) (stating that "[w]here a proper, specific objection to the magistrate judge's report and recommendation is made, it is clear that the district court must conduct a de novo review of the issue.") (citing Stokes v. Singletary, 952 F.2d 1567, 1576 (11th Cir. 1992)).
Source: Leagle
