Coney v. Commissioner of Social Security

Filing 17

ORDER adopting 16 Report and Recommendation. The Clerk of the Court is directed to enter judgment reversing and remanding this matter and close the file. Signed by Judge Marcia Morales Howard on 7/7/2016. (JW)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
JACKSONVILLE DIVISION

KATRENA YVETTE CONEY,
Plaintiff,
vs.

Case No. 3:15-cv-479-J-34JRK

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

ORDER
THIS CAUSE is before the Court on Magistrate Judge James R. Klindt’s Report and
Recommendation (Dkt. No. 16; Report), entered on June 3, 2016. In the Report, Magistrate
Judge Klindt recommends that the Commissioner’s decision be reversed and remanded.
See Report at 14. No objections to the Report have been filed, 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. 16) of Magistrate Judge Klindt is

ADOPTED as the opinion of the Court.
2.

The Clerk of the Court is directed to enter judgment pursuant to 42 U.S.C. §

1383(c)(3) and sentence four of § 405(g) REVERSING the Commissioner’s final decision
and REMANDING this matter to the ALJ with the following instructions:
(a)

Reevaluate evidence of Plaintiff’s upper extremity limitations; and

(b)

Take such other action as may be necessary to resolve these claims
properly.

3.

The Clerk of the Court is further directed to close the file.

4.

Plaintiff’s counsel is advised that, in the event benefits are awarded on

remand, any § 406(b) or § 1383(d)(2) fee application shall be filed within the parameters set

-2-

forth by the Order entered in Case No. 6:12-mc-124-Orl-22 (In Re: Procedures for Applying
for Attorney’s Fees Under 42 U.S.C. §§ 406(b) and 1383(d)(2)).
DONE AND ORDERED in Jacksonville, Florida, this 7th day of July, 2016.

ja
Copies to:
The Honorable James R. Klindt
United States Magistrate Judge
Counsel of Record

-3-