Thoreson v. Commissioner of Social Security
Filing
18
ORDER: The Report and Recommendation of the Honorable Anthony E. Porcelli 15 is ACCEPTED and ADOPTED. The decision of the Commissioner of Social Security denying benefits is AFFIRMED. The Clerk is directed to enter judgment in favor of the Commissioner reflecting that the Commissioner's decision denying benefits is affirmed, and thereafter to close this case. Signed by Judge Virginia M. Hernandez Covington on 9/12/2013. (KAK)
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
INGRID THORESON,
Plaintiff,
v.
Case No. 8:12-cv-1914-T-33AEP
CAROLYN W. COLVIN,
Acting Commissioner of
Social Security,
Defendant.
_______________________________/
ORDER
This matter is before the Court on consideration of
the Report and Recommendation of United States Magistrate
Judge Anthony E. Porcelli (Doc. # 15), filed on August 19,
2013, in which Judge Porcelli recommends that the decision
of the Commissioner denying benefits be affirmed and this
case be dismissed.
Plaintiff filed her objection to the
Report and Recommendation on August 19, 2013 (Doc. # 16),
and Defendant filed a response to Plaintiff’s objection on
September 10, 2013 (Doc. # 17).
After careful consideration and being fully advised in
the
premises,
the
Court
adopts
the
Report
and
Recommendation of the Magistrate Judge and overrules the
filed objections.
Discussion
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).
of
specific
objections,
there
is
no
In the absence
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.
Ry.
Co.,
37
F.3d
603,
604
See Cooper-Houston v. S.
(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).
Upon due consideration of the entire record, including
the
Report
thereto,
and
the
Recommendation
Court
overrules
and
the
Plaintiff’s
objection,
objection
adopts
the
Report and Recommendation, and affirms the Commissioner’s
decision denying benefits.
The Court agrees with Judge
Porcelli’s detailed and well-reasoned findings of fact and
conclusions of law.
2
The Report and Recommendation thoughtfully addresses
the issues presented, and Plaintiff’s arguments raised in
her objection do not provide a basis for rejecting the
Report and Recommendation.
Accordingly, it is
ORDERED, ADJUDGED, and DECREED:
(1)
The Report and Recommendation of the Honorable Anthony
E. Porcelli (Doc. # 15) is ACCEPTED and ADOPTED.
(2)
The decision of the Commissioner of Social Security
denying benefits is AFFIRMED.
(3)
The Clerk is directed to enter judgment in favor of
the
Commissioner
reflecting
that
the
Commissioner’s
decision denying benefits is affirmed, and thereafter
to close this case.
DONE and ORDERED in Chambers in Tampa, Florida, this
12th day of September, 2013.
Copies: All Counsel of Record
3
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?