Summary
concluding that a Social Security plaintiff's complaint did not entitle him to relief from an adverse decision of the Commissioner for purposes of a motion for default judgment
Summary of this case from Jackson v. BerryhillOpinion
Case No: 8:07-CV-1614-T-30EAJ.
February 14, 2008
ORDER
THIS CAUSE came on for consideration upon the Report and Recommendation submitted by Magistrate Judge Elizabeth A. Jenkins (Dkt. #13). The Court notes the pro se Plaintiff filed an Objection (Dkt. #14) on February 8, 2008.
After careful consideration of the Report and Recommendation of the Magistrate Judge in conjunction with an independent examination of the file, the Court is of the opinion that the Magistrate Judge's Report and Recommendation should be adopted, confirmed, and approved in all respects.
ACCORDINGLY, it is therefore, ORDERED AND ADJUDGED:
1. The Report and Recommendation (Dkt. #13) of the Magistrate Judge is adopted, confirmed, and approved in all respects and is made a part of this order for all purposes, including appellate review.
2. The Defendant's Motion to Dismiss or, in the Alternative, Motion for Summary Judgment (Dkt. #10) is GRANTED.
3. The Plaintiff's Motion for Judgment by Default (Dkt. #11) is DENIED.
4. The Clerk is directed to enter judgment pursuant to Rule 58 in favor of the Defendant and against the Plaintiff.
5. The Clerk is directed to close this case.
6. The Plaintiff is advised that, should he wish to appeal this decision, he must file a notice of appeal within sixty (60) days of the date judgment is entered in accordance with Rules 3 and 4 of the Federal Rules of Appellate Procedure.
DONE and ORDERED in Tampa, Florida.