Bear v. Commissioner of Social Security

Filing 23

ORDER overruling 21 Plaintiff's Objection to Report and Recommendation and adopting 20 Report and Recommendation. The Clerk of the Court is directed to enter judgment and close the file. Signed by Judge Marcia Morales Howard on 9/20/2011. (JW)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
JACKSONVILLE DIVISION
LORI QUICK BEAR,
Plaintiff,
vs.

CASE NO.: 3:10-cv-448-J-34TEM

MICHAEL J. ASTRUE,
Commissioner of Social Security,
Defendant.
________________________________
ORDER
THIS CAUSE is before the Court on the Report and Recommendation (Doc. No. 20;
Report), entered by the Honorable Thomas E. Morris, United States Magistrate Judge, on
August 8, 2011. Upon consideration of Plaintiff’s Complaint seeking review of the final
decision of the Commissioner of the Social Security Administration (the Commissioner)
denying Plaintiff’s claims for disability insurance benefits, Plaintiff’s Memorandum in
Support of the Appeal of the Commissioner’s Decision (Doc. No. 15), Defendant’s
Memorandum in Support of the Commissioner’s Decision (Doc. No. 16), as well the record,
Judge Morris recommended that this Court affirm the Commissioner’s decision. See
Report. On August 22, 2011, Plaintiff filed her Objection to Report and Recommendation
Dated August 8, 2011 (Doc. No. 21), and on August 26, 2011, Defendant filed Defendant’s
Response to Plaintiff’s Objections to the Report and Recommendation (Doc. No. 22).
The Court “may accept, reject, or modify, in whole or in part, the findings or
recommendations made by the magistrate judge.” 28 U.S.C. § 636(b). If no specific

objections to findings of facts are filed, the district court is not required to conduct a de novo
review of those findings. See Garvey v. Vaughn, 993 F.2d 776, 779 n.9 (11th Cir. 1993);
see also 28 U.S.C. § 636(b)(1). However, the district court must review legal conclusions
de novo. See Cooper-Houston v. Southern Ry. Co., 37 F.3d 603, 604 (11th Cir. 1994);
United States v. Rice, No. 2:07-mc-8-Ftm-29SPC, 2007 WL 1428615, at *1 (M.D. Fla. May
14, 2007). Upon independent review of the file and for the reasons stated in Judge Morris’s
Report, the Court will overrule the Objections, and accept and adopt the legal and factual
conclusions recommended by Judge Morris to the extent that judgment will be entered for
the Defendant. Accordingly, it is hereby
ORDERED:
1.

The objections set forth in Plaintiff’s Objection to Report and
Recommendation (Doc. No. 21) are OVERRULED.

2.

The Magistrate Judge’s Report and Recommendation is ADOPTED.

3.

The Clerk of the Court is directed to enter judgment for the Defendant, and
thereafter, close this file.

DONE AND ORDERED at Jacksonville, Florida, this 20th day of September, 2011.

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Copies to:
Counsel of Record