Opinion
Case No. 8:16-cv-2762-T-27AEP
03-14-2018
SHELLY M. SHERWOOD, Plaintiff, v. NANCY A. BERRYHILL, Acting Commissioner of Social Security, Defendant.
ORDER
BEFORE THE COURT is the Report and Recommendation from the Magistrate Judge recommending that the decision of the Commissioner be reversed and the case be remanded under sentence four of 42 U.S.C. § 405(g). (Dkt. 17). Neither party filed objections and the time for doing so has expired.
A district court may accept, reject or modify a magistrate judge's report and recommendation. 28 U.S.C. § 636(b)(1). In the absence of specific objections, there is no requirement that factual findings be reviewed de novo, and the court may accept, reject or modify, in whole or in part, the findings and recommendations. § 636(b)(1)(C); Garvey v. Vaughn, 993 F.2d 776, 779 n.9 (11th Cir. 1993). Legal conclusions are reviewed de novo, even in the absence of an objection. See LeCroy v. McNeil, 397 F. App'x 554, 556 (11th Cir. 2010) (citing United States v. Warren, 687 F.2d 347, 348 (11th Cir. 1982)); Cooper-Houston v. S. Ry. Co., 37 F.3d 603, 604 (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,
1. The Report and Recommendation (Dkt. 17) is APPROVED and ADOPTED for all purposes, including for appellate review.
2. The decision of the Commissioner is REVERSED and this case is REMANDED under sentence four of 42 U.S.C. § 405(g) for further proceedings.
3. The Clerk shall enter final judgment in favor of Plaintiff and against the Commissioner of Social Security.
4. The Clerk is directed to CLOSE the file.
DONE AND ORDERED this 14th day of March, 2018.
/s/ _________
JAMES D. WHITTEMORE
United States District Judge Copies to:
Counsel of Record