Carson v. Commissioner of Social Security

Filing 22

ORDER: The Report and Recommendation of United States Magistrate Judge Thomas G. Wilson (Doc. # 20 ) is ADOPTED. The Commissioner's Motion to Dismiss Complaint (Doc. # 9 ) is GRANTED. The Clerk is directed to terminate any pending motions and previously scheduled deadlines and thereafter CLOSE THIS CASE. Signed by Judge Virginia M. Hernandez Covington on 6/22/2016. (BLB)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
THOMAS CARSON,
Plaintiff,
Case No. 8:15-cv-751-T-33TGW
v.
COMMISSIONER OF SOCIAL SECURITY,
Defendant.
_____________________________/
ORDER
This matter is before the Court in consideration of
United States Magistrate Judge Thomas G. Wilson’s Report and
Recommendation, entered on May 16, 2016, which recommends
that the Commissioner’s Motion to Dismiss Complaint (Doc. #
20)

be

granted

jurisdiction.

because

this

Court

lacks

subject

matter

Plaintiff filed an objection to the Report and

Recommendation on May 31, 2016. (Doc. # 21). The Commissioner
did not file a response to the objection, and the time to do
so has lapsed. For the reasons that follow, the Court accepts
and adopts the Report and Recommendation.
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.

§

1

judge’s

636(b)(1);

report

and

Williams

v.

Wainwright, 681 F.2d 732 (11th Cir. 1982), cert. denied, 459
U.S. 1112 (1983).
If a party files a timely and specific objection to a
finding of fact by the magistrate, the district judge must
conduct a de novo review with respect to that factual issue.
Stokes v. Singletary, 952 F.2d 1567, 1576 (11th Cir. 1992).
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
Wilson’s Report and Recommendation as well as the Plaintiff’s
objection thereto, the Court overrules the objection and
adopts the Report and Recommendation.

The Court agrees with

Judge Wilson’s detailed and well-reasoned findings of fact
and

conclusions

thoughtfully

of

law.

addresses

The

the

Report

issues

and

Recommendation

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 Thomas G. Wilson (Doc. # 20) is ADOPTED.
(2)

The Commissioner’s Motion to Dismiss Complaint (Doc. #
9) is GRANTED.

(3)

The Clerk is directed to terminate any pending motions
and previously scheduled deadlines and thereafter CLOSE
THIS CASE.
DONE and ORDERED in Chambers, in Tampa, Florida, this

22nd day of June, 2016.

3