Scott et al v. Commissioner of Social Security

Filing 24

ORDER: United States Magistrate Judge Anthony E. Porcelli's Report and Recommendation 23 , entered on August 22, 2011, is ACCEPTED and ADOPTED. The decision of the Commissioner of Social Security denying benefits is AFFIRMED. The clerk is directed to close this case and to enter judgment in favor of the Commissioner reflecting that the Commissioner's decision denying benefits is affirmed. Signed by Judge Virginia M. Hernandez Covington on 9/9/2011. (CAC)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
AARON JOSHUA SCOTT,
Plaintiff,
v.

Case No.

8:10-cv-1484-T-33AEP

MICHAEL J. ASTRUE,
Commissioner of Social Security,
Defendant.
_________________________________/
ORDER
This matter is before the Court on consideration of
United States Magistrate Judge Anthony E. Porcelli’s Report
and Recommendation (Doc. # 23), entered on August 22, 2011,
recommending that the decision of the Commissioner of Social
Security denying social security benefits be affirmed. As of
this date, neither party has filed an objection to the report
and recommendation, and the time for the parties to file such
objections has elapsed.
After conducting a careful and complete review of the
findings and recommendations, a district judge may accept,
reject

or

modify

the

magistrate

judge’s

report

and

recommendation. 28 U.S.C. § 636(b)(1); Williams v. Wainwright,
681 F.2d 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.

28

U.S.C.

§

636(b)(1)(C). The district judge reviews legal conclusions de
novo, even in the absence of an objection. See Cooper-Houston
v. Southern 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) (Table).
After conducting a careful and complete review of the
findings, conclusions and recommendations, and giving de novo
review to matters of law, the Court accepts the factual
findings and legal conclusions of the magistrate judge, and
the recommendation of the magistrate judge.
Accordingly, it is now
ORDERED, ADJUDGED, and DECREED:
(1)

United States Magistrate Judge Anthony E. Porcelli’s
Report and Recommendation (Doc. # 23), entered on August
22, 2011, is ACCEPTED and ADOPTED.

(2)

The decision of the Commissioner of Social Security
denying benefits is AFFIRMED.

2

(3)

The clerk is directed to close this case and to enter
judgment in favor of the Commissioner reflecting that the
Commissioner’s decision denying benefits is affirmed.
DONE and ORDERED in Chambers, in Tampa, Florida, this 9th

day of September, 2011.

Copies to: All Counsel of Record

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