Cooper v. Commissioner of Social Security

Filing 26

ORDER adopting 25 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 2/9/2018. (JW)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
JACKSONVILLE DIVISION
DENISHA L. COOPER,
Plaintiff,
vs.

Case No. 3:17-cv-403-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. 25; Report), entered on January 19, 2018. In the Report,
Magistrate Judge Toomey recommends that the Commissioner’s decision be affirmed. See
Report at 2, 17. 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. 25) 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 9th day of February, 2018.

ja
Copies to:
Counsel of Record

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