Thomas v. Commissioner of Social Security

Opinion

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION

DAVID THOMAS, III

v. Case No. 8:20-cv-1714-VMC-NPM COMMISSIONER OF SOCIAL SECURITY, ________________________________/ ORDER This matter is before the Court on consideration of United States Magistrate Judge Nicholas P. Mizell’s Report and Recommendation (Doc. # 32), filed on August 4, 2022, recommending that the Commissioner’s decision be affirmed. Thomas filed an Objection to the Report and Recommendation. (Doc. # 33). 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. The Court agrees with Judge Mizell’s findings of fact and conclusions of law and finds that the Objection does not provide a basis for rejecting the Report and Recommendation. Accordingly, it is now ORDERED, ADJUDGED, and DECREED: (1) The Report and Recommendation (Doc. # 32) is ACCEPTED and ADOPTED. (2) The Commissioner’s decision is AFFIRMED. (3) The Clerk is directed enter judgment accordingly and, thereafter, CLOSE this case. DONE and ORDERED in Chambers in Tampa, Florida, this 12th day of September, 2022. lagi 9n. Munenby Cree VIRGINIA M. HERNANDEZ*COVINGTON UNITED STATES DISTRICT JUDGE