Opinion
8:23-cv-2591-MSS-SPF
07-29-2024
ANESHA PARKER, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.
ORDER
MARY S. SCRIVEN UNITED STATES DISTRICT JUDGE
THIS CAUSE comes before the Court for consideration of the Commissioner's Motion to Dismiss or, in the Alternative, for Summary Judgment. (Dkt. 16) On April 26, 2024, the Court converted the motion into one for summary judgment and gave Plaintiff, proceeding pro se, time to respond, (Dkt. 17), which she did. (Dkt. 21) On July 8, 2024, United States Magistrate Judge Sean P. Flynn issued a Report and Recommendation, (Dkt. 24), which recommended the Commissioner's Motion be granted. The Parties have not objected to Judge Flynn's Report and Recommendation, and the deadline for doing so has passed. Upon consideration of all relevant filings, case law, and being otherwise fully advised, the Court GRANTS the Commissioner's Motion for Summary Judgment.
In the Eleventh Circuit, a district judge may accept, reject, or modify the magistrate judge's report and recommendation after conducting a careful and complete review of the findings and recommendations. 28 U.S.C. § 636(b)(1); Williams v. Wainwright, 681 F.2d 732, 732 (11th Cir. 1982). A district judge “shall make a de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made.” 28 U.S.C. § 636(b)(1)(C). This requires that the district judge “give fresh consideration to those issues to which specific objection has been made by a party.” Jeffrey S. v. State Bd. of Educ., 896 F.2d 507, 512 (11th Cir.1990) (quoting H.R. 1609, 94th Cong. § 2 (1976)). Absent 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 recommendations. 28 U.S.C. § 636(b)(1)(C). The district judge reviews legal conclusions de novo, even in the absence of an objection. See Cooper-Houston v. Southern Ry., 37 F.3d 603, 604 (11th Cir. 1994).
Upon consideration of the Report and Recommendation, in conjunction with an independent examination of the file, the Court is of the opinion the Report and Recommendation should be adopted, confirmed, and approved in all respects. Accordingly, it is ORDERED that:
1. The Report and Recommendation, (Dkt. 24), is CONFIRMED and ADOPTED as part of this Order.
2. The Commissioner's Motion for Summary Judgment, (Dkt. 16), is GRANTED.
3. The Clerk is DIRECTED to terminate any pending motions and CLOSE this case.
DONE and ORDERED.