Gudynowski v. Commissioner of Social Security

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION KAREN M GUDYNOWSKI, Plaintiff, v. Case No: 2:20-cv-176-FtM-38MRM COMMISSIONER OF SOCIAL SECURITY, Defendant. / ORDER1 Before the Court is United States Magistrate Judge Mac R. McCoy’s Report and Recommendation (“R&R”) (Doc. 26) on Defendant’s Opposed Motion for Entry of Judgment with Remand (Doc. 22). Judge McCoy recommends granting the Motion. Neither party timely objected, so the matter is ripe for review.

After conducting a careful and complete review of the findings and recommendations, a district judge may accept, reject, or modify the magistrate judge’s R&R. See 28 U.S.C. § 636(b)(1); see also Williams v. Wainwright, 681 F.2d 732 (11th Cir. 1982). In the absence of specific objections, there is no Disclaimer: Documents hyperlinked to CM/ECF are subject to PACER fees. By using hyperlinks, the Court does not endorse, recommend, approve, or guarantee any third parties or the services or products they provide, nor does it have any agreements with them. The Court is also not responsible for a hyperlink’s availability and functionality, and a failed hyperlink does not affect this Order. 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).

After careful consideration and an independent review of the file, the Court accepts and adopts the R&R (Doc. 26) in full.

Accordingly, it is now ORDERED: 1. The Report and Recommendation (Doc. 26) is ACCEPTED and ADOPTED and incorporated into this Order.

2. Defendant’s Opposed Motion for Entry of Judgment with Remand (Doc. 22) is GRANTED.

3. Defendant’s decision denying benefits is REVERSED and this case is REMANDED pursuant to sentence four of 42 U.S.C. § 405(g) for further proceedings consistent with the Motion. See (Doc. 22 at 1).

4. If Plaintiff prevails on remand, Plaintiff must comply with the Court’s November 14, 2012, standing order (Doc. 1) in Miscellaneous Case No. 6:12-mc-124-Orl-22.

5. The Clerk is DIRECTED to enter judgment, terminate all deadlines or pending motions, and close the file.

DONE and ORDERED in Fort Myers, Florida on January 15, 2021.

, UNITED STATES DISTRICT JUDGE Copies: All Parties of Record