Sonoga v. Commissioner of Social Security

Opinion

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION

TRACY A. SONOGA ,

Plaintiff,

v. Case No. 8:23-cv-02257-KKM-SPF

MARTIN O’MALLEY , Commissioner of Social Security,

Defendant.

ORDER Tracy A. Sonoga seeks to appeal the unfavorable decision of a Social Security administrative law judge on remand from an earlier successful appeal. ( ), No. 8:21-cv-549-AEP (M.D. Fla. Dec. 17, 2021) (Porcelli, M.J.) (Doc. 12) (reversing the Commissioner’s decision and remanding for further administrative proceedings); ( ), No. 8:23-cv-2257 (M.D. Fla. Oct. 5, 2023) (Doc. 1) (appealing the new decision after remand). The Commissioner moves to reverse and remand for further consideration and administrative action under sentence four of 42 U.S.C. § 405(g). (Doc. 24). Sonoga does not oppose. at 1. The Magistrate Judge issued a Report and Recommendation, recommending that I grant the Commissioner’s motion. R&R (Doc. 25). Given that the motion is unopposed, and after considering the record, the Court adopts the Report and

Recommendation and grants the motion. After conducting a careful and complete review of the findings and recommendations, a district judge may accept, reject, or modify a magistrate judge’s Report

and Recommendation. 28 U.S.C. § 636(b)(1). If a party files a timely and specific objection to a finding of fact by a magistrate judge, the district court must conduct a de novo review with respect to that factual issue. , 952 F.2d 1567, 1576 (11th Cir.

1992). The district court reviews legal conclusions de novo, even in the absence of an objection. , 37 F.3d 603, 604 (11th Cir. 1994); , 379 F. Supp. 3d 1244, 1246 (M.D. Fla.

2019). In the light of the Parties’ agreement as to the requested relief, the Court adopts the Report and Recommendation in full.

Accordingly, it is ORDERED: 1. The Commissioner’s Unopposed Motion for Entry of Judgment with Remand (Doc. 24) is GRANTED. 2. The Commissioner decision is REVERSED and the case is REMANDED

to the Commissioner pursuant to sentence four of 42 U.S.C. § 405(g). 3. The Clerk is directed to enter judgment for Plaintiff, and to CLOSE this

case. ORDERED in Tampa, Florida, on June 6, 2024.

atin. Mizelle United States District Judge