Lewis v. Commissioner of Social Security

Filing 21

ORDER adopting 20 REPORT AND RECOMMENDATIONS re 1 Complaint filed by John Lewis and incorporating it by reference; the decision of the Commissioner be affirmed; and the Clerk of Court is directed enter judgment for the defendant and against the plaintiff and to close this case. Signed by Judge Elizabeth A. Kovachevich on 5/22/2015. (SN)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION

JOHN LEWIS,
Plaintiff,

vs.

CASE NO. 8:14-CIV-920-T-EAK-TBM

CAROLYN W. COLVIN,
Acting 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 B. McCoun on May 4, 2015 (Doc. 20). The magistrate judge
recommended that the decision of the Commissioner be affirmed.
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). No timely objections were filed.

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 (Doc. 20) be adopted and
incorporated by reference; the decision of the Commissioner be affirmed; and the Clerk of
Court is directed enter judgment for the defendant and against the plaintiff and to close this
case.
DONE and ORDERED in Chambers, in Tampa, Florida, this 22nd day of May,
2015.

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

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