Nye v. Commissioner of Social Security

Filing 26

ORDER overruling 24 --objections; adopting 23 --REPORT AND RECOMMENDATION; affirming the Commissioner's decision; directing the Clerk to ENTER JUDGMENT in favor of the Commissioner and against the plaintiff, to TERMINATE any pending motion, and to CLOSE the case. Signed by Judge Steven D. Merryday on 10/1/2012. (BK)

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UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION MICHAEL A. NYE, Plaintiff, v. CASE NO.: 8:10-cv-757-T-23DNF MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant. ____________________________________/ ORDER The plaintiff objects (Doc. 24) to the August 13, 2012, report and recommendation (Doc. 23) by Magistrate Judge Douglas N. Frazier. A de novo review of the portions of the report and recommendation to which the plaintiff objects reveals that the objections are unfounded or unpersuasive. Substantial evidence supports the Administrative Law Judge’s decision. Accordingly, the plaintiff’s objections (Doc. 24) are OVERRULED, and the magistrate judge’s report and recommendation (Doc. 23) is ADOPTED. Under sentence four of 42 U.S.C. § 405(g), the Commissioner’s decision is AFFIRMED. The clerk is directed to (1) enter judgment in favor of the Commissioner and against the plaintiff, (2) terminate any pending motion, and (3) close the case. ORDERED in Tampa, Florida, on October 1, 2012. -2-

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