Opinion
CASE NO. 8:15-CIV-1065-T-EAK-EAJ
09-21-2015
HAROLD E. SUTTON, Plaintiff, v. CAROLYN W. COLVIN, Acting Commissioner of Social Security, Defendant.
ORDER ADOPTING REPORT AND RECOMMENDATION
This cause is before the Court on the report and recommendation (R&R) issued by Magistrate Judge Elizabeth A. Jenkins on September 1, 2015 (Doc. 8). The magistrate judge recommended that the case be dismissed for failure to state a cause of action after allowing the movant and opportunity to file an amended complaint.
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). No timely objections were filed.
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 (Doc. 8) be adopted and incorporated by reference and this case be dismissed for failure to state a cause of action. The Clerk of Court is directed to close this case.
DONE and ORDERED in Chambers, in Tampa, Florida, this 21st day of September, 2015.
/s/ _________
ELIZABETH A. KOVACHEVICH
UNITED STATES DISTRICT JUDGE
Copies to:
All parties and counsel of record
Assigned Magistrate Judge