Opinion
Case No: 2:19-cv-821-JLB-MRM
05-06-2021
DENNIS D. HYDER, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.
ORDER
The Magistrate Judge filed a Report and Recommendation ("R&R") in this matter on April 7, 2021, recommending that Defendant's Motion to Dismiss or, in the Alternative, for Summary Judgment (Doc. 16) be granted. (Doc. 20.) Specifically, the Magistrate Judge found that Plaintiff's request "for judicial review was not filed within the sixty-day limitations period as required by 42 U.S.C. § 405(g) and Plaintiff has not shown that extraordinary circumstances exist to justify equitable tolling of the sixty-day period." (Doc. 20 at 10.) No objections have been filed and the time to do so has expired.
Plaintiff is proceeding pro se. A review of the Court's electronic CM/ECF docket shows that the Clerk mailed a copy of the R&R to Plaintiff on April 7, 2021. --------
A district judge may accept, reject, or modify the magistrate judge's R&R. 28 U.S.C. § 636(b)(1)(C). The factual findings in the R&R need not be reviewed de novo in the absence of an objection, but legal conclusions are always reviewed de novo. Id.; Cooper-Houston v. Southern Ry. Co., 37 F.3d 603, 604 (11th Cir. 1994); Garvey v. Vaughn, 993 F.2d 776, 779 n.9 (11th Cir. 1993).
After an independent review of the record—and noting that no objections have been filed—the Court agrees with the well-reasoned R&R.
Accordingly, it is ORDERED that:
1. The Report and Recommendation (Doc. 20) is ADOPTED and incorporated herein by reference.
2. Defendant's Motion to Dismiss or, in the Alternative, for Summary Judgment (Doc. 16) is GRANTED.
3. This case is DISMISSED. The Clerk of Court is DIRECTED to enter judgment accordingly, terminate any pending deadlines and motions, and close the file.
ORDERED at Fort Myers, Florida, on May 6, 2021.
/s/_________
JOHN L. BADALAMENTI
UNITED STATES DISTRICT JUDGE