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VALENTIN v. ASTRUE, 8:11-cv-1215-T-33TBM. (2012)

Court: District Court, M.D. Florida Number: infdco20120710740 Visitors: 1
Filed: Jul. 09, 2012
Latest Update: Jul. 09, 2012
Summary: ORDER VIRGINIA M. HERNANDEZ COVINGTON, District Judge. This matter is before the Court on consideration of United States Magistrate Judge Thomas B. McCoun's report and recommendation (Doc. # 18), filed on June 19, 2012, 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
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ORDER

VIRGINIA M. HERNANDEZ COVINGTON, District Judge.

This matter is before the Court on consideration of United States Magistrate Judge Thomas B. McCoun's report and recommendation (Doc. # 18), filed on June 19, 2012, 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).

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) (Table).

Accordingly, it is now

ORDERED, ADJUDGED, and DECREED:

(1) United States Magistrate Judge Thomas B. McCoun's 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.

Source:  Leagle

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