Gorgoglione v. Commissioner of Social Security

Filing 27

ORDER: The Report and Recommendation of Thomas B. Smith, United States Magistrate Judge 26 is ADOPTED. The Commissioner's Unopposed Motion for Entry of Judgment with Remand 25 is GRANTED. This case is REVERSED and REMANDED to the C ommissioner pursuant to sentence four of 42 U.S.C. § 405(g).The Clerk is directed to enter judgment accordingly, terminate any pending motions, and CLOSE THIS CASE. The final judgment shall state that the deadline to file a motion for attorney&# 039;s fees pursuant to 42 U.S.C. § 406(b) shall be thirty (30) days after Plaintiff receives notice from the Social Security Administration of the amount of any past due benefits awarded. Upon receipt of the notice, counsel for Plaintiff shall promptly e-mail John F. Rudy, III and the OGC attorney assigned to the case to advise them that the notice has been received. Signed by Judge Virginia M. Hernandez Covington on 3/24/2014. (KNC)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION

SAMUELE JUN GORGOGLIONE,
Plaintiff,
v.

Case No. 8:13-cv-953-T-33TBS

Commissioner of Social Security
Administration,
Defendant.
____________________________/
ORDER
This matter is before the Court on consideration of the
Report and Recommendation of United States Magistrate Judge
Thomas

B.

Smith

(Doc.

#

26),

filed

on

March

3,

2014,

recommending that:
(1)

(2)

(3)

(4)

1

The Commissioner’s Unopposed Motion for Entry
of Judgment with Remand (Doc. # 16)1 be
granted;
This case be Reversed and Remanded to the
Commissioner pursuant to sentence four of 42
U.S.C. § 405(g);
The Clerk of the Court be directed to enter
judgment accordingly, terminate any pending
motions, and close the file; [and]
Plaintiff be instructed that the deadline to
file a motion for attorney’s fees pursuant to

The
Court
notes
that
Magistrate
Judge
Smith
inadvertently cited the Commissioner’s Unopposed Motion for
Entry of Judgment with Remand as (Doc. # 16) instead of (Doc.
# 25).

42 U.S.C. § 406(b) shall be thirty (30) days
after Plaintiff receives notice from the
Social Security Administration of the amount
of any past due benefits awarded. Upon receipt
of the notice, counsel for Plaintiff shall
promptly e-mail [John F. Rudy, III] and the
OGC attorney assigned to the case to advise
them that the notice has been received.
(Id.).
As

of

this

date,

no

objection

to

the

Report

and

Recommendation has been filed, and the time to do so has now
passed. After careful consideration, the Court adopts the
Report and Recommendation of the Magistrate Judge.
Discussion
After conducting a careful and complete review of the
findings and recommendations, a district judge may accept,
reject,

or

modify

recommendation.

28

the

magistrate

U.S.C.

§

judge’s

636(b)(1);

report

and

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. §

2

636(b)(1)(C). The district judge reviews legal conclusions de
novo, even in the absence of an objection. See Cooper-Hous.
v. S. 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).
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
adopts the recommendation of the Magistrate Judge.
Accordingly, it is
ORDERED, ADJUDGED, and DECREED:
(1)

The Report and Recommendation of Thomas B. Smith, United
States Magistrate Judge (Doc. # 26) is ADOPTED.

(2)

The

Commissioner’s

Unopposed

Motion

for

Entry

of

Judgment with Remand (Doc. # 25) is GRANTED.
(3)

This case is REVERSED and REMANDED to the Commissioner
pursuant to sentence four of 42 U.S.C. § 405(g).

(4)

The Clerk is directed to enter judgment accordingly,
terminate any pending motions, and CLOSE THIS CASE.

(5)

The final judgment shall state that the deadline to file
a motion for attorney’s fees pursuant to 42 U.S.C. §

3

406(b)

shall

be

thirty

(30)

days

after

Plaintiff

receives notice from the Social Security Administration
of the amount of any past due benefits awarded. Upon
receipt

of

the

notice,

counsel

for

Plaintiff

shall

promptly e-mail John F. Rudy, III and the OGC attorney
assigned to the case to advise them that the notice has
been received.
DONE and ORDERED in Chambers in Tampa, Florida, this
24th day of March, 2014.

Copies: All Counsel of Record

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