Keith v. Commissioner of Social Security

M.D. Florida

Keith v. Commissioner of Social Security

District Court, M.D. Florida·Decided April 18, 2025·No. 8:24-cv-01858·Unknown

Opinion

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION

MICHAEL AUTHOR KEITH,

Plaintiff,

v. Case No. 8:24-cv-1858-TPB-SPF

COMMISSIONER OF SOCIAL SECURITY,

Defendant. / ORDER ADOPTING REPORT AND RECOMMENDATION This matter is before the Court on the report and recommendation of Sean P. Flynn, United States Magistrate Judge. (Doc. 14). Judge Flynn recommends that the Court grant the Commissioner of Social Security’s “Motion for Summary Judgment” (Doc. 7). No objections to the report and recommendation were filed, and the time to object has expired. 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); 718 F.2d 198, 199 (4th Cir. 1983); Williams v. Wainwright, 681 F.2d 732 (11th Cir. 1982). A district court must “make a de novo determination of those portions of the [report and recommendation] to which an objection is made.” 28 U.S.C. § 636(b)(1)(C). When no objection is filed, a court reviews the report and recommendation for clear error. Macort v. Prem, Inc., 208 F. App’x 781, 784 (11th Cir. 2006); Nettles v. Wainwright, 677 F.2d 404, 409 (5th Cir. 1982). After careful consideration of the record, including Judge Flynn’s well- reasoned report and recommendation, the Court adopts the report and recommendation. Consequently, the Commissioner’s motion for summary judgment is granted. Accordingly, it is ORDERED, ADJUDGED, and DECREED: 1. Judge Flynn’s report and recommendation (Doc. 14) is AFFIRMED and ADOPTED and INCORPORATED BY REFERENCE into this Order for all purposes, including appellate review. 2. The Commissioner of Social Security’s “Motion for Summary Judgment” (Doc. 7) is GRANTED. 3. The Clerk is directed to enter judgment in accordance with this Order and close the case. DONE and ORDERED in Chambers, in Tampa, Florida, this 18th day of April, 2025.

VAP. BA. TOMBARBER sss—s—S UNITED STATES DISTRICT JUDGE

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UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION

MICHAEL AUTHOR KEITH,

Plaintiff,

v. Case No. 8:24-cv-1858-TPB-SPF

COMMISSIONER OF SOCIAL SECURITY,

Defendant. / ORDER ADOPTING REPORT AND RECOMMENDATION This matter is before the Court on the report and recommendation of Sean P. Flynn, United States Magistrate Judge. (Doc. 14). Judge Flynn recommends that the Court grant the Commissioner of Social Security’s “Motion for Summary Judgment” (Doc. 7). No objections to the report and recommendation were filed, and the time to object has expired. 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); 718 F.2d 198, 199 (4th Cir. 1983); Williams v. Wainwright, 681 F.2d 732 (11th Cir. 1982). A district court must “make a de novo determination of those portions of the [report and recommendation] to which an objection is made.” 28 U.S.C. § 636(b)(1)(C). When no objection is filed, a court reviews the report and recommendation for clear error. Macort v. Prem, Inc., 208 F. App’x 781, 784 (11th Cir. 2006); Nettles v. Wainwright, 677 F.2d 404, 409 (5th Cir. 1982). After careful consideration of the record, including Judge Flynn’s well- reasoned report and recommendation, the Court adopts the report and recommendation. Consequently, the Commissioner’s motion for summary judgment is granted. Accordingly, it is ORDERED, ADJUDGED, and DECREED: 1. Judge Flynn’s report and recommendation (Doc. 14) is AFFIRMED and ADOPTED and INCORPORATED BY REFERENCE into this Order for all purposes, including appellate review. 2. The Commissioner of Social Security’s “Motion for Summary Judgment” (Doc. 7) is GRANTED. 3. The Clerk is directed to enter judgment in accordance with this Order and close the case. DONE and ORDERED in Chambers, in Tampa, Florida, this 18th day of April, 2025.

VAP. BA. TOMBARBER sss—s—S UNITED STATES DISTRICT JUDGE

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Keith v. Commissioner of Social Security, (M.D. Fla. 2025).

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