Munger v. Commissioner of Social Security

Filing 23

ORDER: United States Magistrate Judge Anthony E. Porcelli's Report and Recommendation (Doc. # 22 ), entered on February 2, 2017, is ACCEPTED and ADOPTED. The decision of the Commissioner of Social Security denying disability benefits is REV ERSED and the matter is REMANDED for further consideration as discussed in the Report and Recommendation. The Clerk is directed to close this case and enter judgment in favor of the Plaintiff reflecting that the Commissioner's decision denying benefits is reversed and the matter is remanded for further consideration. Signed by Judge Virginia M. Hernandez Covington on 2/21/2017. (DMD)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
PENNY JO MUNGER,
Plaintiff,
v.

Case No. 8:15-cv-2937-33AEP

CAROLYN W. COLVIN,
Acting Commissioner of Social
Security,
Defendant.
_______________________________/
ORDER
This matter comes before the Court upon consideration of
United States Magistrate Judge Anthony E. Porcelli’s Report
and Recommendation (Doc. # 22), entered on February 2, 2017,
recommending that the decision of the Commissioner of Social
Security denying Social Security benefits be reversed and the
matter remanded for further consideration. As of this date,
neither party has filed an objection to the

Report and

Recommendation, and the time for the parties to file such
objections has elapsed.
Discussion
After conducting a careful and complete review of the
findings and recommendations, a district judge may accept,
reject

or

modify

the

magistrate

1

judge’s

report

and

recommendation.

28

U.S.C.

§

636(b)(1);

Williams

v.

Wainwright, 681 F.2d 732 (11th Cir. 1982).
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-Houston
v. Southern 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)(Table).
After conducting a careful and complete review of the
findings, conclusions and recommendations, and giving de novo
review to matters of law, the Court accepts the factual
findings and legal conclusions of the magistrate judge and
the recommendation of the magistrate judge.
Accordingly, it is now
ORDERED, ADJUDGED, and DECREED:
(1)

United States Magistrate Judge Anthony E. Porcelli’s
Report

and

Recommendation

(Doc.

#

22),

February 2, 2017, is ACCEPTED and ADOPTED.

2

entered

on

(2)

The decision of the Commissioner of Social Security
denying disability benefits is REVERSED and the matter
is REMANDED for further consideration as discussed in
the Report and Recommendation.

(3)

The Clerk is directed to close this case and enter
judgment in favor of the Plaintiff reflecting that the
Commissioner’s decision denying benefits is reversed and
the matter is remanded for further consideration.
DONE and ORDERED in Chambers in Tampa, Florida, this

21st day of February, 2017.

3