Baker v. Commissioner of Social Security

Filing 10

ORDER adopting report and recommendation as to therecommendation of dismissal of the complaint without prejudice. The Clerk of Court is directed to close this case and to terminate any pending motions Signed by Judge Elizabeth A. Kovachevich on 3/19/2014. (SN)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION

JULIE BAKER,
Plaintiff,

vs.

CASE NO. 8:13-CIV-2350-T-EAK-MAP

CAROLYN W. COLVIN, etc.,
Defendant.
/
ORDER ADOPTING REPORT AND RECOMMENDATION

This cause is before the Court on the report and recommendation (R&R) issued by
Magistrate Judge Mark A. Pizzo on February 28, 2014 (Doc. 9). The magistrate judge
recommended that the Court dismiss the complaint without prejudice pursuant to Fed.R.
Civ.P. 4(m), for failure to timely serve the complaint.
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 as to the recommendation for dismissal. Accordingly, it is
ORDERED that the report and recommendation (Doc. 8) be adopted as to the
recommendation of dismissal of the complaint without prejudice. The Clerk of Court is
directed to close this case and to terminate any pending motions.
DONE and ORDERED in Chambers, in Tampa, Florida, this 19th day of March,
2014.

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

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