Busby v. Commissioner of Social Security
Filing
19
ORDER adopting 18 Report and Recommendation. The Clerk of the Court is directed to enter judgment reversing and remanding this matter with directions to the ALJ and close the file. Signed by Judge Marcia Morales Howard on 7/10/2015. (JW)
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
JACKSONVILLE DIVISION
WAYNE LEE BUSBY,
Plaintiff,
-vs-
Case No. 3:14-cv-544-J-34PDB
CAROLYN W. COLVIN,
Acting Commissioner of Social Security,
Defendant.
_________________________________/
ORDER
THIS CAUSE is before the Court on the Report and Recommendation (Dkt. No. 18;
Report), entered by the Honorable Patricia D. Barksdale, United States Magistrate Judge,
on May 27, 2015. In the Report, Magistrate Judge Barksdale recommends that the Court
reverse the Commissioner’s final decision, remand this case with directions to the ALJ, and
direct the Clerk of the Court to enter judgment and close the file. See Report at 16. The
Commissioner has failed to file objections to the Report, and the time for doing so has now
passed.
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 the Magistrate
Judge’s Report, the Court will accept and adopt the legal and factual conclusions
recommended by the Magistrate Judge. Accordingly, it is hereby
ORDERED:
1.
The Magistrate Judge’s Report and Recommendation (Dkt. No. 18) is
ADOPTED as the opinion of the Court.
2.
The Clerk of the Court is directed to enter judgment REVERSING the
Commissioner’s final decision and REMANDING this matter to the ALJ with directions: to
consider Plaintiff’s cervical-spine and hip conditions and their impact, if any, on his residual
functional capacity and credibility; to reweigh Dr. Gummadi’s opinion; and to take any other
necessary action.
3.
The Clerk of the Court is further directed to close the file.
DONE AND ORDERED at Jacksonville, Florida, this 10th day of July, 2015.
ja
Copies to:
Hon. Patricia D. Barksdale
Counsel of Record
-2-
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