Gross v. Commissioner of Social Security et al

Filing 19

ORDER adopting 18 Report and Recommendation. The Clerk of the Court is directed to enter judgment affirming the Commissioner's decision and close the file. Signed by Judge Marcia Morales Howard on 12/5/2017. (JW)

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UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA JACKSONVILLE DIVISION RHIANNON GROSS, Plaintiff, vs. Case No. 3:17-cv-366-J-34JBT NANCY A. BERRYHILL, Acting Commissioner of the Social Security Administration, Defendant. ORDER THIS CAUSE is before the Court on Magistrate Judge Joel B. Toomey’s Report and Recommendation (Dkt. No. 18; Report), entered on October 31, 2017. In the Report, Magistrate Judge Toomey recommends that the Commissioner’s decision be affirmed. See Report at 2, 12. 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. 18) of Magistrate Judge Toomey is ADOPTED as the opinion of the Court. 2. The Clerk of the Court is directed to enter judgment AFFIRMING the Commissioner’s decision and close the file. DONE AND ORDERED in Jacksonville, Florida, this 5th day of December, 2017. ja Copies to: Counsel of Record -2-

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