Wagner v. Commissioner of Social Security

Filing 19

ORDER adopting 18 REPORT AND RECOMMENDATIONS re 1 Complaint filed by Russell J. Wagner. The Clerk of Court is directed to enter judgment for the defendant and against the plaintiff, to close the case and terminate any pending motions. Signed by Judge Elizabeth A. Kovachevich on 1/8/2014. (SN)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION

RUSSELL J. WAGNER,
Plaintiff,

vs.

CASE NO. 8:13-CIV-28-T-EAK-TGW

CAROLYN W. COLVIN,
Commissioner of Social Security,
Defendant.
/
ORDER ADOPTING REPORT AND RECOMMENDATION

This cause is before the Court on the report and recommendation (R&R) issued by
Magistrate Judge Thomas G. Wilson on December 11, 2013 (Doc. 18). The magistrate judge
recommended that the Court affirm the decision of the Commissioner denying the plaintiff’s
claims for a period of disability.
Pursuant to Rule 6.02, Rules of the United States District Court for the Middle District
of Florida, the parties had fourteen (14) days after service to file written objections to the
proposed findings and recommendations, or be barred from attacking the factual findings on
appeal. No timely objections to the report and recommendation were filed.
STANDARD OF REVIEW
When a party makes a timely and specific objection to a finding of fact in the report
and recommendation, the district court should make a de novo review of the record with
respect to that factual issue. 28 U.S.C. § 636(b)(1); U.S. v. Raddatz, 447 U.S. 667 (1980);
Jeffrey S. v. State Board of Education of State of Georgia, 896 f.2d 507 (11th Cir. 1990).

However, when no timely and specific objections are filed, case law indicates that the court
should review the findings using a clearly erroneous standard. Gropp v. United Airlines,
Inc., 817 F.Supp. 1558, 1562 (M.D. Fla. 1993).
The Court has reviewed the report and recommendation and made an independent
review of the record. Upon due consideration, the Court concurs with the report and
recommendation. Accordingly, it is
ORDERED that the report and recommendation, December 11, 2013 (Doc. 18) be
adopted and incorporated by reference; the Court affirms the decision of the
Commissioner denying the plaintiff’s claims for a period of disability. The Clerk of Court is
directed to enter judgment for the defendant and against the plaintiff, to close the case and
terminate any pending motions.
DONE and ORDERED in Chambers, in Tampa, Florida, this 8th day of January,
2014.

Copies to:
All parties and counsel of record
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Assigned Magistrate Judge

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