Remesar v. Commissioner of Social Security

UNITED STATES DISTRICT COURT

MIDDLE DISTRICT OF FLORIDA

FORT MYERS DIVISION

RUSELA REMESAR,

Plaintiff, v. Case No. 2:20-cv-426-JLB-MRM COMMISIONER OF SOCIAL SECURITY,

Defendant. /

ORDER

The Magistrate Judge filed a Report and Recommendation (“R&R”) on March 3, 2021, recommending that the Commissioner’s unopposed motion to remand under sentence four of 42 U.S.C. § 405(g) be granted. A district judge may accept, reject, or modify the magistrate judge’s report and recommendation. 28 U.S.C. § 636(b)(1). In the absence of objections, a district judge is not required to review the factual findings in the report de novo, but legal conclusions are reviewed de novo even without an objection. Id.; Cooper-Houston v. Southern Ry. Co., 37 F.3d 603, 604 (11th Cir. 1994); Garvey v. Vaughn, 993 F.2d 776, 779 n.9 (11th Cir. 1993). After an independent review of the record—and noting that the motion to remand is unopposed—the Court agrees with the R&R. Accordingly, it is ORDERED:

1. The Report and Recommendation (Doc. 22) is ADOPTED, and the Commissioner’s unopposed motion to remand (Doc. 21) is GRANTED. 2. The action is REMANDED for further consideration under sentence four of 42 U.S.C. § 405 consistent with this Order.

3. The Clerk of Court is directed to enter judgment, terminate any pending deadlines, and to close the file.

ORDERED in Fort Myers, Florida, on March 26, 2021

PLSD ChofibwLr JOHN L. BADALAMENTI UNITED STATES DISTRICT JUDGE