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)

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

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