Statum v. Commissioner of Social Security

Filing 35

ORDER adopting 34 Report and Recommendation; denying 25 Defendant's Motion to Dismiss or in the Alternative Motion for Summary Judgment. Answer due April 4, 2016. Signed by Judge Marcia Morales Howard on 3/3/2016. (JW)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
JACKSONVILLE DIVISION

KIMBERLY C. STATUM,
Plaintiff,
v.

Case No. 3:14-cv-1297-J-34MCR

CAROLYN W. COLVIN, Commissioner of
the Social Security Administration,
Defendant.
__________________________________/

ORDER
THIS CAUSE is before the Court on Magistrate Judge Monte C. Richardson’s Report
and Recommendation (Dkt. No. 34; Report), entered on February 8, 2016. In the Report,
Magistrate Judge Richardson recommends that Defendant’s Motion to Dismiss or in the
Alternative Motion for Summary Judgment (Dkt. No. 25; Motion) be denied, and that
Defendant be directed to file an answer within 20 days of the Court’s order. See Report at
8. Neither party has filed an objection to the Report, and the time for doing so has 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)(1). 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 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 Report and Recommendation (Dkt. No. 34) of Magistrate Judge

Richardson is ADOPTED as the opinion of the Court.
2.

Defendant’s Motion to Dismiss or in the Alternative Motion for Summary

Judgment (Dkt. No. 25) is DENIED.
3.

Defendant shall file an answer on or before April 4, 2016.

DONE AND ORDERED in Jacksonville, Florida, this 3rd day of March, 2016.

ja
Copies to:
The Honorable Monte C. Richardson
United States Magistrate Judge
Counsel of Record

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