UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION

ROBERT HAYER,

Plaintiff,

v. Case No.: 2:21-cv-436-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. 25). Judge Mizell recommends reversing and remanding the decision of the Commissioner of the Social Security Administration. Neither party objects to the R&R, and the time to do so has expired. 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,” a 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: Papers hyperlinked to CM/ECF may be subject to PACER fees. By using hyperlinks, the Court does not endorse, recommend, approve, or guarantee any third parties or their services or products, nor does it have any agreements with them. The Court is not responsible for a hyperlink’s 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. 25) 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 August 18, 2022.

tite POLSTER otal UNITED STATES DISTRICT JUDGE Copies: All Parties of Record