Opinion
22-60466-CIV-COHN/STRAUSS
10-26-2022
HAIDY IVONN ELSHATER, Plaintiff, v. KILOLO KIJAKAZI, Acting Commissioner of the Social Security Administration, Defendant.
ORDER ADOPTING REPORT AND RECOMMENDATION AND GRANTING SUMMARY JUDGMENT TO DEFENDANT
JAMES I. COHN UNITED STATES DISTRICT JUDGES
THIS CAUSE is before the Court upon the Report and Recommendation [DE 23] of Magistrate Judge Jared M. Strauss, entered on October 6, 2022 (“Report”), Plaintiff's Motion for Summary Judgment [DE 15], and Defendant's Motion for Summary Judgment [DE 21] (collectively “Motions for Summary Judgment”). The Court has carefully reviewed the Report, the Motions for Summary Judgment, and the record in this case, and is otherwise fully advised in the premises.
The Court notes that Plaintiff has not filed any objections to the Report, and that the time for filing such objections passed on October 20, 2022. As no timely objections were filed, the Magistrate Judge's factual findings in the Report are hereby adopted and deemed incorporated into this opinion. Loconte v. Dugger, 847 F.2d 745 (11th Cir. 1988), cert. denied 488 U.S. 958 (1988); RTC v. Hallmark Builders, Inc., 996 F.2d 1144, 1149 (11th Cir. 1993). As to the legal conclusions of the Magistrate Judge, the Court has reviewed the parties' arguments. The Court agrees with the reasoning and analysis of the Magistrate Judge that Plaintiff's Motion for Summary Judgment should be denied and Defendant's Motion for Summary Judgment should be granted. Substantial evidence supports the Administrative Law Judge's determination that Plaintiff is not disabled within the meaning of the Social Security Act.
Accordingly, it is ORDERED AND ADJUDGED as follows:
1. The Magistrate Judge's Report and Recommendation [DE 23] is hereby ADOPTED;
2. Plaintiff's Motion for Summary Judgment [DE 15] is DENIED;
3. Defendant's Motion for Summary Judgment [DE 21] is GRANTED;
4. The decision of the Commissioner in this case is AFFIRMED, and the Complaint [DE 1] in this case is DISMISSED on the merits; and
5. The Court will enter a separate judgment.
DONE AND ORDERED