Jedneak v. Commissioner of Social Security

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA ORLANDO DIVISION JOHN JEDNEAK, Plaintiff, v. Case No. 6:21-cv-350-RBD-DCI COMMISSIONER OF SOCIAL SECURITY, Defendant. ____________________________________ ORDER Before the Court are: 1. Defendant’s Opposed Motion Pursuant to Fed. R. Civ. P. 12(b)(1) to Dismiss Plaintiff’s Complaint in Part and Defendant’s Unopposed Motion for Stay of Proceedings (Doc. 14 (“Motion to Dismiss”)); 2. Plaintiff’s Response to Defendant’s Opposed Motion Pursuant to Fed. R. Civ. P. 12(b)(1) to Dismiss Plaintiff’s Complaint in Part (Doc. 20); 3. Defendant’s Unopposed Motion for Entry of Judgment Under Sentence Four of 42 U.S.C. § 405(g) with Reversal and Remand of the Cause to Defendant (Doc. 40 (“Motion for Remand”)); and 4. U.S. Magistrate Judge Daniel C. Irick’s Report and Recommendation (Doc. 48 (“R&R”)).

Defendant Commissioner of Social Security (“Commissioner”) originally moved to partially dismiss Plaintiff’s Complaint. (Doc. 14.) Subsequently, the Commissioner filed an unopposed Motion for Remand. (Doc. 40.) Judge Irick entered an R&R recommending that the Court deny the Motion to Dismiss as moot and grant the Motion to Remand. (Doc. 48.) The parties filed a joint notice of no objection to the R&R. (Doc. 47.) Given the lack of objection, the Court examines the R&R for clear error only. See Macort v. Prem, Inc., 208 F. App’x 781, 784 (11th Cir. 2006). Finding none, the R&R is due to be adopted in its entirety.

Accordingly, it is ORDERED AND ADJUDGED: 1. The R&R (Doc. 48) is ADOPTED, CONFIRMED, and made a part of this Order in its entirety.

2. Defendant’s Motion to Dismiss (Doc. 14) is DENIED AS MOOT.

3. Defendant’s Motion to Remand (Doc. 40) is GRANTED.

4. The final decision of the Commissioner is REVERSED AND REMANDED to the Commissioner pursuant to sentence four of § 405(g) for the reasons stated in the R&R (Doc. 48).

5. The Clerk is DIRECTED to enter judgment in favor of Plaintiff and then to close the case.

DONE AND ORDERED in Chambers in Orlando, Florida, on September 17, 2021.

4 = wd “ ROY B. di LTON TR?

United States District Judge