Potter v. Commissioner of Social Security

Filing 21

ORDER: United States Magistrate Judge Anthony E. Porcelli's Report and Recommendation 20 is ACCEPTED and ADOPTED. The decision of the Commissioner of the United States Social Security Administration denying benefits is AFFIRMED. The Clerk i s directed to ENTER JUDGMENT in favor of the Commissioner reflecting that the Commissioner's decision denying benefits is affirmed. Thereafter, the Clerk is directed to CLOSE THIS CASE. Signed by Judge Virginia M. Hernandez Covington on 12/29/2009. (KAK)

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UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION SUSAN POTTER, v. Plaintiff, Case No. 8:08-cv-1703-T-33AEP MICHAEL J. ASTRUE, Commissioner of the United States Social Security Administration, Defendant. ______________________________/ ORDER This matter is before the Court upon consideration of the report and recommendation of the Honorable Anthony E. Porcelli, United States Magistrate Judge (Doc. # 20), which was filed on December 10, 2009, recommending that the decision of the Commissioner of the United States Social Security Administration denying Social Security benefits be affirmed. No objections have been filed, and the time to file objections has expired. After conducting a careful and complete review of the findings and recommendations, a district judge may accept, reject or modify the 28 magistrate judge's report Williams and v. recommendation. U.S.C. 636(b)(1); Wainwright, 681 F.2d 732, 732 (11th Cir. 1982), cert. denied, 459 U.S. 1112 (1983). In the absence of specific objections, there is no requirement that a district judge review factual findings de novo, Garvey v. Vaughn, 993 F.2d 776, 779 n. 9 (11th Cir. 1993), and the court may accept, reject or modify, in whole or in part, the findings and recommendations. U.S.C. 636(b)(1)(C). 28 The district judge reviews legal conclusions de novo, even in the absence of an objection. See Cooper-Houston v. S. Ry. Co., 37 F.3d 603, 604 (11th Cir. 1994); Castro Bobadilla v. Reno, 826 F. Supp. 1428, 1431-32 (S.D. Fla. 1993), aff'd, 28 F.3d 116 (11th Cir. 1994). The Court has conducted an independent examination of the file and upon due consideration, the Court accepts and adopts the report and recommendation. Accordingly, it is hereby ORDERED, ADJUDGED, and DECREED: (1) United States Magistrate Judge Anthony E. Porcelli's Report and Recommendation (Doc. # 20) is ACCEPTED and ADOPTED. (2) The decision of the Commissioner of the United States Social Security Administration denying benefits is AFFIRMED. (3) The Clerk is directed to ENTER JUDGMENT in favor of the Commissioner reflecting that the Commissioner's decision -2- denying benefits is affirmed. directed to CLOSE THIS CASE. Thereafter, the Clerk is DONE and ORDERED in Chambers in Tampa, Florida, this 29th day of December 2009. Copies: All Counsel of Record -3-

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