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Flinchbaugh v. Berryhill

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA JACKSONVILLE DIVISION
Feb 16, 2018
Case No. 3:16-cv-1238-J-34PDB (M.D. Fla. Feb. 16, 2018)

Opinion

Case No. 3:16-cv-1238-J-34PDB

02-16-2018

KAYLE M. FLINCHBAUGH, Plaintiff, v. NANCY A. BERRYHILL, Acting Commissioner of the Social Security Administration, Defendant.


ORDER

THIS CAUSE is before the Court on Magistrate Judge Patricia D. Barksdale's Report and Recommendation (Dkt. No. 16; Report), entered on February 1, 2018. In the Report, Magistrate Judge Barksdale recommends that the Acting Commissioner's decision be affirmed. See Report at 2, 17. No objections to the Report have been filed, and the time for doing so has passed.

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)(1). 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 Magistrate Judge's Report, the Court will accept and adopt the legal and factual conclusions recommended by the Magistrate Judge. Accordingly, it is hereby

ORDERED:

1. The Report and Recommendation (Dkt. No. 16) of Magistrate Judge Barksdale is ADOPTED as the opinion of the Court.

2. The Clerk of the Court is directed to enter judgment pursuant to sentence four of 42 U.S.C. § 405(g) and 42 U.S.C. § 1383(c)(3) AFFIRMING the Acting Commissioner's decision and close the file.

DONE AND ORDERED in Jacksonville, Florida, this 16th day of February, 2018.

/s/_________

MARCIA MORALES HOWARD

United States District Judge ja Copies to: Counsel of Record


Summaries of

Flinchbaugh v. Berryhill

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA JACKSONVILLE DIVISION
Feb 16, 2018
Case No. 3:16-cv-1238-J-34PDB (M.D. Fla. Feb. 16, 2018)
Case details for

Flinchbaugh v. Berryhill

Case Details

Full title:KAYLE M. FLINCHBAUGH, Plaintiff, v. NANCY A. BERRYHILL, Acting…

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

Date published: Feb 16, 2018

Citations

Case No. 3:16-cv-1238-J-34PDB (M.D. Fla. Feb. 16, 2018)