Opinion
8:22-cv-567-VMC-MRM
01-30-2023
OLGA I. CAMACHO ALICEA, Plaintiff, v. KILOLO KIJAKAZI, Acting Commissioner Of Social Security, Defendant.
ORDER
VIRGINIA M. HERNANDEZ COVINGTON, UNITED STATES DISTRICT JUDGE
This matter is before the Court on consideration of United States Magistrate Judge Mac R. McCoy's Report and Recommendation (Doc. # 23), filed on January 9, 2023, recommending that the Commissioner's decision denying benefits be affirmed. On January 23, 2023, Ms. Camacho Alicea filed an objection to the Report and Recommendation. (Doc. # 24). The Commissioner responded on January 24, 2023 (Doc. # 25). Upon review, the Court adopts the Report and Recommendation in full and overrules Ms. Camacho Alicea's objection.
Discussion
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). If a party files a timely and specific objection to a finding of fact by the magistrate judge, the district court must conduct a de novo review with respect to that factual issue. Stokes v. Singletary, 952 F.2d 1567, 1576 (11th Cir. 1992). 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).
After conducting a careful and complete review of the findings, conclusions, and recommendations, and giving de novo review to matters of fact and law, the Court accepts the factual findings and legal conclusion of the Magistrate Judge and overrules Ms. Camacho Alicea's objection. The Court agrees with Judge McCoy's detailed and well-reasoned findings of fact and conclusions of law. Ms. Camacho Alicea's objection reiterates arguments made in her brief that were addressed at length in the Report and Recommendation. The Report and Recommendation thoughtfully addresses the issues presented, and the objection does not provide a basis for rejecting the Report and Recommendation.
Accordingly, it is now
ORDERED, ADJUDGED, and DECREED:
(1) The Report and Recommendation (Doc. # 23) is ACCEPTED and ADOPTED.
(2) The Commissioner's decision denying benefits is AFFIRMED.
(3) The Clerk is directed to terminate all pending deadlines and CLOSE this case.
DONE and ORDERED.