Roux v. Commissioner of Social Security et al

Filing 24

OPINION AND ORDER denying 19 Motion for summary judgment; denying as moot 22 Motion to Strike; adopting and incorporating 23 Report and Recommendations. Signed by Judge John E. Steele on 1/8/2018. (RKR)

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UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION HOWARD S ROUX, Plaintiff, v. Case No: COMMISSIONER OF SECURITY and SSA, 2:17-cv-335-FtM-99MRM SOCIAL Defendants. OPINION AND ORDER This matter is before the Court on consideration of the Magistrate Judge’s Report and Recommendation (Doc. #23), filed December 20, 2017, recommending that plaintiff's Motion for Summary Judgment (Doc. #19) be denied, and the Commissioner’s Motion to Strike (Doc. #22) be denied as moot. No objections have been filed and the time to do so 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. 636(b)(1); cert. 28 U.S.C. § Williams v. Wainwright, 681 F.2d 732 (11th Cir. 1982), denied, 459 U.S. 1112 (1983). After conducting an independent examination of the file, noting the presence of an Answer (Doc. #15), and upon due consideration of the Report and Recommendation, the Court accepts the Report and Recommendation of the magistrate judge. Accordingly, it is now ORDERED: 1. The Report and Recommendation (Doc. #23) is hereby adopted and the findings incorporated herein. 2. Plaintiff's Motion for Summary Judgement [sic] (Doc. #19) is DENIED. 3. The Commissioner’s Motion to Strike (Doc. #22) is DENIED as moot. DONE and ORDERED at Fort Myers, Florida, this January, 2018. Copies: Hon. Mac R. McCoy United States Magistrate Judge Counsel of Record Unrepresented parties - 2 - 8th day of

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