Castrenze v. Commissioner of Social Security

• Court: District Court, M.D. Florida
• Decided: August 16, 2024
• Docket: 8:23-cv-01246
• Status: Unknown

Opinion

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION

DANIEL CASTRENZE,

Plaintiff,

v. Case No. 8:23-cv-1246-VMC-PDB

COMMISSIONER, SOCIAL SECURITY ADMINISTRATION,

Defendant. _______________________________/

ORDER This matter comes before the Court upon consideration of United States Magistrate Judge Patricia D. Barksdale’s Report and Recommendation (Doc. # 28), entered on August 1, 2024, recommending that the motion to remand under the sixth sentence of 42 U.S.C. § 405(g) (Doc. # 25) be denied and the decision of the Commissioner of Social Security denying benefits be affirmed. As of this date, neither party has filed an objection to the Report and Recommendation, and the time for the parties to file such objections has elapsed. Discussion After conducting a careful and complete review of the findings and recommendations, a district judge may accept, reject or modify the magistrate judge’s report and recommendation. 28 U.S.C. § 636(b)(1); Williams v. Wainwright, 681 F.2d 732 (11th Cir. 1982). In the absence of 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 recommendation. 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. S. Ry. Co., 37 F.3d 603, 604 (11th Cir. 1994); Castro Bobadilla v. Reno, 826 F. Supp. 1428, 1431-32 (S.D. Fla. 1993), aff’d, 28 F.3d 116 (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, the Court accepts the factual findings and legal conclusions of the Magistrate Judge. Accordingly, it is now ORDERED, ADJUDGED, and DECREED: (1) The Report and Recommendation (Doc. # 28) is ACCEPTED

and ADOPTED. (2) Plaintiff Daniel Castrenze’s motion to remand under the sixth sentence of 42 U.S.C. § 405(g) (Doc. # 25) is DENIED. (3) The decision of the Commissioner of Social Security is AFFIRMED. (4) The Clerk is directed to enter judgment accordingly and, thereafter, CLOSE this case. DONE and ORDERED in Chambers in Tampa, Florida, this loth day of August, 2024.

VIRGINIA M. HERNANDEZ*COVINGTON UNITED STATES DISTRICT JUDGE