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Bear v. Astrue

United States District Court, M.D. Florida, Jacksonville Division
Sep 21, 2011
CASE NO.: 3:10-cv-448-J-34TEM (M.D. Fla. Sep. 21, 2011)

Opinion

CASE NO.: 3:10-cv-448-J-34TEM.

September 21, 2011


ORDER


THIS CAUSE is before the Court on the Report and Recommendation (Doc. No. 20; Report), entered by the Honorable Thomas E. Morris, United States Magistrate Judge, on August 8, 2011. Upon consideration of Plaintiff's Complaint seeking review of the final decision of the Commissioner of the Social Security Administration (the Commissioner) denying Plaintiff's claims for disability insurance benefits, Plaintiff's Memorandum in Support of the Appeal of the Commissioner's Decision (Doc. No. 15), Defendant's Memorandum in Support of the Commissioner's Decision (Doc. No. 16), as well the record, Judge Morris recommended that this Court affirm the Commissioner's decision. See Report. On August 22, 2011, Plaintiff filed her Objection to Report and Recommendation Dated August 8, 2011 (Doc. No. 21), and on August 26, 2011, Defendant filed Defendant's Response to Plaintiff's Objections to the Report and Recommendation (Doc. No. 22).

The Court "may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge." 28 U.S.C. § 636(b). If no specific objections to findings of facts are filed, the district court is not required to conduct a de novo review of those findings. See Garvey v. Vaughn, 993 F.2d 776, 779 n. 9 (11th Cir. 1993); see also 28 U.S.C. § 636(b)(1). However, the district court must review legal conclusions de novo. See Cooper-Houston v. Southern Ry. Co., 37 F.3d 603, 604 (11th Cir. 1994); United States v. Rice, No. 2:07-mc-8-Ftm-29SPC, 2007 WL 1428615, at *1 (M.D. Fla. May 14, 2007). Upon independent review of the file and for the reasons stated in Judge Morris's Report, the Court will overrule the Objections, and accept and adopt the legal and factual conclusions recommended by Judge Morris to the extent that judgment will be entered for the Defendant. Accordingly, it is hereby

ORDERED:

1. The objections set forth in Plaintiff's Objection to Report and Recommendation (Doc. No. 21) are OVERRULED.
2. The Magistrate Judge's Report and Recommendation is ADOPTED.
3. The Clerk of the Court is directed to enter judgment for the Defendant, and thereafter, close this file.
DONE AND ORDERED at Jacksonville, Florida, this 20th day of September, 2011.


Summaries of

Bear v. Astrue

United States District Court, M.D. Florida, Jacksonville Division
Sep 21, 2011
CASE NO.: 3:10-cv-448-J-34TEM (M.D. Fla. Sep. 21, 2011)
Case details for

Bear v. Astrue

Case Details

Full title:LORI QUICK BEAR, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner of Social…

Court:United States District Court, M.D. Florida, Jacksonville Division

Date published: Sep 21, 2011

Citations

CASE NO.: 3:10-cv-448-J-34TEM (M.D. Fla. Sep. 21, 2011)