Jernigan v. Comm'r, Soc. Sec. Admin.

Full title: CYNTHIA DONNETTA JERNIGAN, Plaintiff, v. COMMISSIONER, SOCIAL SECURITY…

Court: United States District Court, Middle District of Florida

Date published: Jul 20, 2023

8:23-cv-962-VMC-SPF (M.D. Fla. Jul. 20, 2023)

Opinion

8:23-cv-962-VMC-SPF

07-20-2023

CYNTHIA DONNETTA JERNIGAN, Plaintiff, v. COMMISSIONER, SOCIAL SECURITY ADMINISTRATION, Defendant.

VIRCTNIA M. HERNANDEZTOVINGTON, UNITED STATES DISTRICT JUDGE

ORDER

VIRCTNIA M. HERNANDEZTOVINGTON, UNITED STATES DISTRICT JUDGE

This matter comes before the Court upon consideration of United States Magistrate Judge Sean P. Flynn's Report and Recommendation (Doc. # 11), entered on July 5, 2023, recommending that the Commissioner's Unopposed Motion for Entry of Judgment with Remand (Doc. # 10) be granted. No objections have been filed, and the time for filing objections has lapsed.

The Court accepts and adopts the Report and Recommendation and grants the Motion.

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). In the absence of specific objections, there is no requirement that a district judge review factual findings de novo, Garvey v. Vaughn, 993 F.2d 776, 779 n.9 (11th Cir. 1993), and the court may accept, reject or modify, in whole or in part, the findings and recommendation. 28 U.S.C. § 636(b)(1)(C). 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 law, the Court accepts the factual findings and legal conclusions of the Magistrate Judge.

Accordingly, it is now

ORDERED, ADJUDGED, and DECREED:

(1) The Report and Recommendation (Doc. # 11) is ACCEPTED and ADOPTED.

(2) Defendant's Unopposed Motion for Entry of Judgment with Remand (Doc. # 10) is GRANTED.

(3) The Commissioner's decision is REVERSED, and the case is REMANDED to the Commissioner pursuant to sentence four of 42 U.S.C. § 405(g).

(4) The Clerk is directed to enter judgment in favor of Plaintiff and CLOSE the case.