Rodriguez v. Commissioner, Social Security Administration

Filing 24

ORDER adopting 23 Report and Recommendations; granting 21 Defendant's Motion for Summary Judgment; denying 20 Plaintiff's Motion for Summary Judgment. Closing Case. Signed by Judge Darrin P. Gayles on 10/12/2016. (zvr) NOTICE: If there are sealed documents in this case, they may be unsealed after 1 year or as directed by Court Order, unless they have been designated to be permanently sealed. See Local Rule 5.4 and Administrative Order 2014-69.

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA Case No. 15-cv-21774-GAYLES/TURNOFF ROSA RODRIGUEZ on behalf of R.C., a minor, Plaintiff, v. CAROLYN COLVIN, Acting Commissioner of the Social Security Administration, Defendant. / ORDER AFFIRMING AND ADOPTING REPORT OF MAGISTRATE JUDGE THIS CAUSE came before the Court on the Report and Recommendation of Magistrate Judge William C. Turnoff (the “Report”) [ECF No. 23], filed on September 20, 2016. In his Report, Judge Turnoff recommends that the motion for summary judgment filed by Defendant Carolyn Colvin, Acting Commissioner of the Social Security Administration [ECF No. 21] be granted and the motion for summary judgment filed by Plaintiff Rosa Rodriguez, who appears on behalf of her minor son, R.C. (the Claimant) [ECF No. 20], be denied. Objections to the Report were due by October 7, 2016. To date, no objections have been filed. A district court may accept, reject, or modify a magistrate judge’s report and recommendation. 28 U.S.C. § 636(b)(1). Those portions of the report and recommendation to which objection is made are accorded de novo review, if those objections “pinpoint the specific findings that the party disagrees with.” United States v. Schultz, 565 F.3d 1353, 1360 (11th Cir. 2009); see also Fed. R. Civ. P. 72(b)(3). If no objections are filed, the district court need only review the report and recommendation for “clear error.” Macort v. Prem, Inc., 208 F. App’x 781, 784 (11th Cir. 2006) (per curiam); see also Fed. R. Civ. P. 72 advisory committee’s note. The Court has undertaken this review and has found no clear error in the analysis and recommendations stated in the Report. Accordingly, it is ORDERED AND ADJUDGED as follows: (1) the Report and Recommendation [ECF No. 23] is AFFIRMED AND ADOPTED and incorporated into this Order by reference; (2) the Defendant’s Motion for Summary Judgment [ECF No. 21] is GRANTED; and (3) the Plaintiff’s Motion for Summary Judgment [ECF No. 20] is DENIED. Pursuant to Federal Rule of Civil Procedure 58, final judgment shall be entered separately. This action is CLOSED. DONE AND ORDERED in Chambers at Miami, Florida, this 12th day of October, 2016. ________________________________ DARRIN P. GAYLES UNITED STATES DISTRICT JUDGE

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