Womack v. Commissioner of Social Security
Womack v. Commissioner of Social Security
Trial Court Opinion
UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION
KIMBERLY JEAN WOMACK,
Plaintiff,
v. Case No. 8:21-cv-984-TPB-CPT
KILOLO KIJAKAZI, Acting Commissioner of Social Security,
Defendant. /
ORDER ADOPTING REPORT AND RECOMMENDATION
This matter is before the Court on the report and recommendation of Christopher P. Tuite, United States Magistrate Judge, entered on August 5, 2022. (Doc. 27). Judge Tuite recommends that the Commissioner’s decision be affirmed. Neither party filed an objection to the report and recommendation, and the time to object has expired. After conducting a careful and complete review of the findings and recommendations, a district judge may accept, reject, or modify the magistrate judge’s report and recommendation.
28 U.S.C. § 636(b)(1); Camby v. Davis,
718 F.2d 198, 199(4th Cir. 1983); Williams v. Wainwright,
681 F.2d 732(11th Cir. 1982). A district court must “make a de novo determination of those portions of the [report and recommendation] to which an objection is made.”
28 U.S.C. § 636(b)(1)(C). When no objection is filed, a court reviews the report and recommendation for clear error. Macort v. Prem, Inc.,
208 F. App’x 781, 784(11th Cir. 2006); Nettles v. Wainwright,
677 F.2d 404, 409(5th Cir. 1982). Upon due consideration of the record, including Judge Tuite’s report and recommendation, the Court adopts the report and recommendation. The Court agrees with Judge Tuite’s detailed and well-reasoned factual findings and legal conclusions. Consequently, the decision of the Commissioner is affirmed. Accordingly, it is ORDERED, ADJUDGED, and DECREED: 1. The report and recommendation (Doc. 27) is AFFIRMED and ADOPTED and INCORPORATED BY REFERENCE into this Order for all purposes, including appellate review. 2. The decision of the Commissioner is AFFIRMED. 3. The Clerk is directed to enter judgment in favor of the Commissioner of Social Security, and against Plaintiff Kimberly Jean Womack, and thereafter close this case. DONE and ORDERED, in Chambers, in Tampa, Florida, this 22nd day of August, 2022.
fi’ 2 T\ PBA — Cc -TOMBARBER □□□□□□□□□□□□□□□□□□□□□ UNITED STATES DISTRICT JUDGE
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