Mazzola v. Commissioner of Social Security
Mazzola v. Commissioner of Social Security
Trial Court Opinion
UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION
MEGHAN MAZZOLA,
Plaintiff, v. Case No. 8:19-cv-835-T-33TGW COMMISSIONER, SOCIAL SECURITY ADMINISTRATION,
Defendant. _______________________________/ ORDER This matter is before the Court on consideration of United States Magistrate Judge Thomas G. Wilson’s Report and Recommendation (Doc. # 21), filed on May 15, 2020, recommending that the Commissioner’s decision be reversed, and the case be remanded for further consideration. As of the date of this Order, no objections have been filed and the time for filing objections has lapsed. The Court accepts and adopts the Report and Recommendation, reverses the Commissioner’s decision, and remands this case. Discussion After conducting a careful and complete review of the findings and recommendations, a district judge may accept, reject or modify the magistrate 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 recommendation.
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. 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). 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. Accordingly, it is now ORDERED, ADJUDGED, and DECREED: (1) The Report and Recommendation (Doc. # 21) is ACCEPTED and ADOPTED. (2) The Commissioner’s decision is REVERSED, and the case is REMANDED for further proceedings consistent with the Report and Recommendation.
(3) After remand, the Clerk is directed to CLOSE this case. DONE and ORDERED in Chambers in Tampa, Florida, this 2nd day of June, 2020. fan fr. Munahy (noiyh VIR IA M. HERNANDEZ’COVINGTON UNITED STATES DISTRICT JUDGE
Reference
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