Opinion
CASE NO. 8:09-CIV-1828-T-17-EAJ.
August 31, 2010
ORDER ADOPTING REPORT AND RECOMMENDATION
This cause is before the Court on the report and recommendation (R R) issued by Magistrate Judge Mark A. Pizzo on August 13, 2010 (Docket No. 21). The magistrate judge recommended that the Court enter judgment for the Plaintiff and remand the case, pursuant to sentence four of 42 U.S.C. § 405(g), for further administrative proceedings consistent with the Report and Recommendation.
Pursuant to Rule 6.02, Rules of the United States District Court for the Middle District of Florida, the parties had fourteen (14) days after service to file written objections to the proposed findings and recommendations, or be barred from attacking the factual findings on appeal. Nettles v. Wainwright , 677 F.2d 404 (5th Cir. 1982) (en banc). No timely objections to the report and recommendation were filed.
STANDARD OF REVIEW
When a party makes a timely and specific objection to a finding of fact in the report and recommendation, the district court should make a de novo review of the record with respect to that factual issue. 28 U.S.C. § 636(b)(1); U.S. v. Raddatz , 447 U.S. 667 (1980); Jeffrey S. v. State Board of Education of State of Georgia , 896 f.2d 507 (11th Cir. 1990). However, when no timely and specific objections are filed, case law indicates that the court should review the findings using a clearly erroneous standard. Gropp v. United Airlines, Inc., 817 F.Supp. 1558, 1562 (M.D. Fla. 1993).
The Court has reviewed the report and recommendation and made an independent review of the record. Upon due consideration, the Court concurs with the report and recommendation. Accordingly, it is
ORDERED that the report and recommendation, August 13, 2010 (Docket No. 21) be adopted and incorporated by reference; and the Court enters judgment for the Plaintiff and remands the case, pursuant to sentence four of 42 U.S.C. § 405(g), for further administrative proceedings consistent with the Report and Recommendation. The Clerk of Court is directed to enter judgment for the plaintiff, to close the case and to terminate any pending motions.
DONE and ORDERED in Chambers, in Tampa, Florida.