Smith v. Commissioner of Social Security

Filing 32

ORDER: The Report and Recommendation 25 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. The Clerk is directed to CLOSE THIS CASE. Signed by Judge Virginia M. Hernandez Covington on 9/16/2015. (KAK)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
ANTHONY D. SMITH,
Plaintiff,
Case No. 8:14-cv-1111-T-33PDB
v.
Commissioner of Social Security,
Defendant.
_______________________________/
ORDER
This matter is before the Court in consideration of the
August 12, 2015, Report and Recommendation of United States
Magistrate

Judge

Patricia

D.

Barksdale

(Doc.

#

25),

recommending that the decision of the Commissioner denying
benefits be affirmed.

Plaintiff Anthony Smith filed an

Objection to the Report and Recommendation (Doc. # 27) on
August

27,

2015.

The

Commissioner

responded

to

the

Objection on September 16, 2015. (Doc. # 31).
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
Williams

and
v.

Wainwright, 681 F.2d 732 (11th Cir. 1982), cert. denied, 459
U.S. 1112 (1983).

In the absence of specific objections,

1

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.

modify,

in

1993),

and

whole

recommendations.

the

or

court

in

may

part,

accept,
the

reject

findings

28 U.S.C. § 636(b)(1)(C).

or
and

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).
Upon due consideration of the record, including Judge
Barksdale’s

Report

and

Recommendation

as

well

as

the

Plaintiff’s Objection and the Commissioner’s Response, the
Court

overrules

Recommendation,

the
and

Objection,
affirms

the

adopts

the

Report

Commissioner’s

and

decision.

The Court agrees with Judge Barksdale’s detailed and wellreasoned findings of fact and conclusions of law. 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
ORDERED, ADJUDGED, and DECREED:

2

(1)

The Report and Recommendation (Doc. # 25) 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.
(4)

The Clerk is directed to CLOSE THIS CASE.
DONE and ORDERED in Chambers, in Tampa, Florida, this

16th day of September, 2015.

Copies to: All Counsel of Record

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