Christie v. Commissioner of Social Security

Filing 22

ORDER: The Report and Recommendation 21 is ACCEPTED and ADOPTED. The decision of the Commissioner of Social Security denying benefits is REVERSED and REMANDED for further administrative proceedings. The Clerk is directed to enter a Judgment in favor of the Plaintiff reflecting that the Commissioner's decision denying benefits is reversed and remanded. Thereafter, the Clerk is directed to CLOSE THE CASE. Signed by Judge Virginia M. Hernandez Covington on 7/11/2014. (KAK)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
DIANA CHRISTIE,
Plaintiff,
v.

Case No.

8:12-cv-2603-T-33EAJ

CAROLYN COLVIN,
Commissioner of Social Security,
Defendant.
_________________________________/
ORDER
This matter is before the Court on consideration of
United States Magistrate Judge Elizabeth A. Jenkins’s Report
and Recommendation (Doc. # 21), filed on June 23, 2014,
recommending that the decision of the Commissioner of Social
Security denying Social Security benefits be reversed and
remanded for further administrative proceedings.

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

recommendation.

the
28

magistrate

U.S.C.

§

judge’s

636(b)(1);

report
Williams

and
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)

The Report and Recommendation (Doc. # 21) is ACCEPTED and
ADOPTED.

(2)

The decision of the Commissioner of Social Security
denying benefits is REVERSED and REMANDED for further
administrative proceedings.

2

(3)

The Clerk is directed to enter a Judgment in favor of the
Plaintiff reflecting that the Commissioner’s decision
denying benefits is reversed and remanded.

Thereafter,

the Clerk is directed to CLOSE THE CASE.
DONE and ORDERED in Chambers, in Tampa, Florida, this
11th day of July, 2014.

Copies to: counsel of record

3