Bowes v. Commissioner of Social Security

Filing 23

ORDER adopting 22 REPORT AND RECOMMENDATIONS re 1 Complaint filed by William Joseph Bowes, 21 Memorandum social security - defendant filed by Commissioner of Social Security. The Clerk is DIRECTED to enter judgment in favor of the Commissioner and against Plaintiff and to close this case. Signed by Judge Roy B. Dalton, Jr. on 1/11/2019. (ctp)(JLC)

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UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA ORLANDO DIVISION WILLIAM JOSEPH BOWES, Plaintiff, v. Case No. 6:18-cv-349-Orl-37TBS COMMISSIONER OF SOCIAL SECURITY, Defendant. _____________________________________ ORDER In this social security appeal, Plaintiff seeks review of the Commissioner’s decision to deny him disability benefits and supplemental security income. (Doc. 1.) Plaintiff argues that the Administrative Law Judge (“ALJ”) erred by applying the incorrect legal standards to his claim. (Doc. 21, pp. 8–10.) On referral, U.S. Magistrate Judge Thomas B. Smith recommends rejecting Plaintiff’s assignment of error and affirming the Commissioner’s decision. (Doc. 22 (“R&R”).) The parties did not object to the R&R, and the time for doing so has now passed. Absent objections, the Court has examined the R&R only for clear error. See Wiand v. Wells Fargo Bank, N.A., No. 8:12-cv-557-T-27EAJ, 2016 WL 355490, at *1 (M.D. Fla. Jan. 28, 2016); see also Macort v. Prem, Inc., 208 F. App’x 781, 784 (11th Cir. 2006). Finding no such error, the Court concludes that the R&R is due to be adopted in its entirety. Accordingly, it is ORDERED AND ADJUDGED as follows: 1. U.S. Magistrate Judge Thomas B. Smith’s Report and Recommendation -1- (Doc. 22) is ADOPTED, CONFIRMED, and made a part of this Order. 2. The Commissioner’s final decision is AFFIRMED. 3. The Clerk is DIRECTED to enter judgment in favor of the Commissioner and against Plaintiff and to close this case. DONE AND ORDERED in Chambers in Orlando, Florida, on January 11, 2019. Copies to: Counsel of Record -2-

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