UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION

SANDRA FRANK,

Plaintiff,

v. Case No.: 2:20-cv-962-SPC-NPM

COMMISSIONER OF SOCIAL SECURITY,

Defendant.

/ ORDER1 Before the Court is United States Magistrate Judge Nicholas P. Mizell’s Report and Recommendation (“R&R”) (Doc. 23). Judge Mizell recommends affirming the decision to deny Social Security benefits for Plaintiff Sandra Frank. Frank did not timely object to the R&R. So the R&R is ripe for review. After conducting a careful and complete review of the findings and recommendations, a district judge “may accept, reject, or modify, in whole or in part,” the magistrate judge’s R&R.

(b)(1)(C). In the absence of specific objections, there is no requirement that a district judge review the

1 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. R&R de novo. See Garvey v. Vaughn,

, 779 n.9 (11th Cir. 1993). Instead, when parties don’t object, a district court need only correct plain error

as demanded by the interests of justice. See, e.g., Symonette v. V.A. Leasing Corp.,

(11th Cir. 2016); Thomas v. Arn,

(1985). Plain error exists if (1) “an error occurred”; (2) “the error was plain”; (3) “it affected substantial rights”; and (4) “not correcting the error

would seriously affect the fairness of the judicial proceedings.” Farley v. Nationwide Mut. Ins.,

, 1329 (11th Cir. 1999). After careful consideration and an independent review of the case, the Court finds no plain error. So it accepts and adopts the R&R in full.

Accordingly, it is now ORDERED: 1. United States Magistrate Judge Nicholas P. Mizell’s Report and Recommendation (Doc. 23) is ACCEPTED and ADOPTED and the

findings incorporated herein. 2. The Commissioner of Social Security’s decision is AFFIRMED pursuant to sentence four of

(g). 3. The Clerk is DIRECTED to enter judgment, deny any pending

motions as moot, terminate all deadlines, and close the case. DONE and ORDERED in Fort Myers, Florida on February 25, 2022.

tite POLSTER otal UNITED STATES DISTRICT JUDGE

Copies: All Parties of Record