Smith v. Commissioner of Social Security

Filing 22

ORDER OF REMAND; ADOPTING REPORT OF MAGISTRATE JUDGE: re 17 Motion for Summary Judgment filed by Regina Louise Smith, 18 Motion for Summary Judgment filed by Commissioner of Social Security, 21 Report and Recommendations, ; granting 17 Motion for Summary Judgment; denying 18 Motion for Summary Judgment; Adopting 21 Report and Recommendations on 17 Motion for Summary Judgment filed by Regina Louise Smith, 18 Motion for Summary Judgment filed by Commissioner of Social Security, 21 Report and Recommendations,. Certificate of Appealability: No Ruling This case is hereby REMANDED to the Commissioner for further proceedings. Closing Case. Motions terminated: 17 MOTION for Summary Judgment filed by Regina Louise Smith, 21 REPORT AND RECOMMENDATIONS re 1 Complaint, filed by Regina Louise Smith, 18 MOTION for Summary Judgment filed by Commissioner of Social Security, 17 MOTION for Summary Judgment filed by Regina Louise Smith, 18 MOTION for Summary Judgment filed by Commissioner of Social Security. Signed by Judge William P. Dimitrouleas on 1/17/2023. See attached document for full details. (nan)

Case 0:22-cv-60842-WPD Document 22 Entered on FLSD Docket 01/17/2023 Page 1 of 2

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CASE NO. 22-60842-DIMITROULEAS/SNOW
REGINA LOUISE SMITH,
Plaintiff,
v.
KILOLO KIJAKAZI,
Acting Commissioner of Social Security,
Defendant.
_____________________________________/
ORDER OF REMAND; ADOPTING REPORT OF MAGISTRATE JUDGE
THIS CAUSE is before the Court upon the Report and Recommendation of Magistrate
Judge Strauss (the “Report”) [DE 21], entered herein on December 30, 2022. The Court notes
that no objections to the Report [DE 21] have been filed, and the time for filing such objections
has passed. As no timely objections were filed, the Magistrate Judge’s factual findings in the
Report [DE 24] are hereby adopted and deemed incorporated into this opinion. LoConte v.
Dugger, 847 F.2d 745, 749-50 (11th Cir. 1988), cert. denied, 488 U.S. 958 (1988); RTC v.
Hallmark Builders, Inc., 996 F.2d 1144, 1149 (11th Cir. 1993).
Although no timely objections were filed, the Court has conducted a de novo review of
the Report [DE 21] and record and is otherwise fully advised in the premises. The Court agrees
with the Magistrate Judge’s analysis and conclusions.
Accordingly, it is ORDERED AND ADJUDGED as follows:
1. The Report [DE 21] is hereby ADOPTED AND APPROVED;
2. Plaintiff’s Motion for Summary Judgment [DE 17] is GRANTED;
3. Defendant’s Motion for Summary Judgment [DE 18] is DENIED;

Case 0:22-cv-60842-WPD Document 22 Entered on FLSD Docket 01/17/2023 Page 2 of 2

4. This case is hereby REMANDED to the Commissioner for further proceedings.
5. The Clerk is directed to CLOSE this case and DENY AS MOOT any pending motions.
DONE AND ORDERED in Chambers at Fort Lauderdale, Broward County, Florida,
this 17th day of January, 2023.

Copies furnished to:
Counsel of record
Magistrate Judge Strauss