Hacia v. Commissioner of Social Security

Filing 27

ORDER: The Report and Recommendation of United States Magistrate Judge Monte C. Richardson 24 is 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 close this case. Signed by Judge Virginia M. Hernandez Covington on 6/12/2014. (KNC)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
BRANDON E. HACIA,
Plaintiff,
v.

Case No. 8:13-cv-1257-T-33MCR

Commissioner of Social
Security,
Defendant.
_____________________________/
ORDER
This matter is before the Court in consideration of the
Report and Recommendation of United States Magistrate Judge
Monte C. Richardson (Doc. # 24), filed on May 14, 2014,
recommending that the decision of the Commissioner denying
benefits be affirmed. On May 28, 2014, Plaintiff Brandon E.
Hacia filed an objection to the Magistrate Judge’s Report and
Recommendation

(Doc.

#

25),

and

the

Government

filed

a

response to that objection on June 11, 2014 (Doc. # 26). Upon
due consideration, the Court overrules Hacia’s objection and
adopts the Report and Recommendation.
Discussion
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-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).
The Court has conducted an independent examination of
the file, and upon due consideration, the Court overrules
Hacia’s objection, adopts the Report and Recommendation, and
affirms

the

Commissioner’s

decision.

The

Report

and

Recommendation thoughtfully addresses the issues presented,
and the objection does not provide a basis for rejecting the
Report and Recommendation.
Accordingly, it is now
ORDERED, ADJUDGED, and DECREED:

2

(1)

The

Report

and

Recommendation

of

United

States

Magistrate Judge Monte C. Richardson (Doc. # 24) is
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 close this
case.
DONE and ORDERED in Chambers, in Tampa, Florida, this

12th day of June, 2014.

Copies to: All Counsel of Record

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