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Capell v. Saul

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION
Oct 1, 2020
Case No. 8:19-cv-2474-T-60AAS (M.D. Fla. Oct. 1, 2020)

Opinion

Case No. 8:19-cv-2474-T-60AAS

10-01-2020

LISA A. CAPELL, Plaintiff, v. ANDREW SAUL, Commissioner, Social Security Administration, Defendant.


ORDER ADOPTING REPORT AND RECOMMENDATION

This matter is before the Court on consideration of the report and recommendation of Amanda A. Sansone, United States Magistrate Judge, entered on September 9, 2020. (Doc. 18). Judge Sansone recommends that the Commissioner of Social Security's decision be affirmed. On September 23, 2020, Plaintiff filed an objection to the report and recommendation. (Doc. 19). On September 29, 2020, the Commissioner filed a response to the objection. (Doc. 20).

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). 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).

Upon due consideration of the record, including Judge Sansone's report and recommendation, the Court adopts the report and recommendation. The Court agrees with Judge Sansone's detailed and well-reasoned factual findings and legal conclusions. The objection does not provide a basis for rejecting the report and recommendation. Consequently, the Commissioner's decision is affirmed.

Accordingly, it is

ORDERED, ADJUDGED, and DECREED: (1) Judge Sansone's report and recommendation (Doc. 18) is AFFIRMED and ADOPTED and INCORPORATED BY REFERENCE into this Order for all purposes, including appellate review. (2) The Commissioner's decision is AFFIRMED. (2) The Clerk is directed to terminate any pending motions and deadlines, and thereafter close this case.

DONE and ORDERED in Chambers, in Tampa, Florida, this 1st day of October, 2020.

/s/ _________

TOM BARBER

UNITED STATES DISTRICT JUDGE


Summaries of

Capell v. Saul

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION
Oct 1, 2020
Case No. 8:19-cv-2474-T-60AAS (M.D. Fla. Oct. 1, 2020)
Case details for

Capell v. Saul

Case Details

Full title:LISA A. CAPELL, Plaintiff, v. ANDREW SAUL, Commissioner, Social Security…

Court:UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION

Date published: Oct 1, 2020

Citations

Case No. 8:19-cv-2474-T-60AAS (M.D. Fla. Oct. 1, 2020)