Davis v. Commissioner of Social Security

United States District Court for the Southern District of Florida

Davis v. Commissioner of Social Security

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA MIAMI DIVISION CASE NO. 20-21354-CIV-CANNON/Otazo-Reyes GREGORY DAVIS,

Plaintiff, v.

ANDREW SAUL, Commissioner of Social Security,

Defendant. ________________________________/ ORDER ADOPTING MAGISTRATE JUDGE’S REPORT AND RECOMMENDATIONS

THIS CAUSE is before the Court upon the parties’ cross-motions for summary judgment [ECF Nos. 22 and 24]. On December 1, 2020, the Court referred the motions to Magistrate Judge Alicia M. Otazo-Reyes for appropriate disposition [ECF No. 21]. On July 19, 2021, the Magistrate Judge issued a Report and Recommendation (“R&R”) [ECF No. 28], recommending that the Court DENY Plaintiff’s Motion for Summary Judgment [ECF No. 22] and GRANT the Commissioner’s Motion for Summary Judgment [ECF No. 24]. The R&R states that the parties shall file any objections within fourteen days of the date of the R&R [ECF No. 28, p. 31]. Plaintiff timely filed an Objection to the R&R [ECF No. 29] on August 2, 2021. The Court has conducted a de novo review of the R&R, Plaintiff’s Objection, and the record in this case and is otherwise fully advised in the premises. See Williams v. McNeil,

557 F.3d 1287, 1291

(11th Cir. 2009) (citing

28 U.S.C. § 636

(b)(1)). Upon review, the Court finds the factual findings in the R&R to be thorough, exhaustive, and supported by competent, substantial record CASE NO. 20-21354-CIV-CANNON/Otazo-Reyes

evidence. Further, the R&R’s legal analysis and conclusions are well-reasoned and correct. The Court therefore agrees with the analysis in the R&R. Accordingly, it is ORDERED and ADJUDGED as follows: 1. The R&R [ECF No. 28] is ADOPTED. 2. Plaintiff's Motion for Summary Judgment [ECF No. 22] is DENIED. 3. Defendant’s Motion for Summary Judgment [ECF No. 24] is GRANTED. 4. The Commissioner’s decision is AFFIRMED. 5. The Clerk of Court is directed to CLOSE this case. Any pending motions are DENIED AS MOOT. DONE AND ORDERED in Chambers at Fort Pierce, Florida this 5th day of August 2021.

UNITED STATES DISTRICT JUDGE ce: counsel of record

Reference

Status
Unknown