Santiago v. Comm'r of Soc. Sec.

Full title: EVELYN SANTIAGO, Petitioner, v. COMMISSIONER OF SOCIAL SECURITY…

Court: UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION

Date published: Jan 18, 2018

Case No: 2:17-cv-210-FtM-38CM (M.D. Fla. Jan. 18, 2018)

Opinion

Case No: 2:17-cv-210-FtM-38CM

01-18-2018

EVELYN SANTIAGO, Petitioner, v. COMMISSIONER OF SOCIAL SECURITY, Respondent.

SHERI POLSTER CHAPPELL UNITED STATES DISTRICT JUDGE

OPINION AND ORDER ¹

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This matter comes before the Court on United States Magistrate Judge Carol Mirando's Report and Recommendation (Doc. 36), recommending that this action be dismissed for failure to prosecute. No objections have been filed and the time to do so has expired.

A district judge "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). The 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." Id. And "[t]he judge may also receive further evidence or recommit the matter to the magistrate judge with instructions." Id.

After examining the file carefully and independently, and upon considering Judge Mirando's findings and recommendations, the Court accepts and adopts the Report and Recommendation.

Accordingly, it is now

ORDERED:

(1) The Report and Recommendation (Doc. 36) is ACCEPTED and ADOPTED and the findings incorporated herein.

(2) This case is dismissed without prejudice for failure to prosecute.

(3) The Clerk is directed to enter judgment accordingly, terminate any pending deadlines, and close the file.

DONE and ORDERED in Fort Myers, Florida this 18th day of January, 2018.

/s/ _________

SHERI POLSTER CHAPPELL

UNITED STATES DISTRICT JUDGE Copies: All Parties of Record