Burgos v. Commissioner of Social Security
Burgos v. Commissioner of Social Security
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA
Case No. 22-cv-20732-BLOOM/Otazo-Reyes
SERGIO EMIR BURGOS,
Plaintiff,
v.
COMMISSIONER OF THE SOCIAL SECURITY ADMINISTRATION,
Defendant. ____________________________________/
ORDER ADOPTING MAGISTRATE JUDGE’S REPORT AND RECOMMENDATIONS
THIS CAUSE is before the Court upon Plaintiff Sergio Emir Burgos’s Motion for Summary Judgment, ECF No. [18], filed on July 13, 2022 (“Plaintiff’s Motion”), and Defendant’s Motion for Summary Judgment and Response to Plaintiff’s Motion, ECF No. [19], filed on August 25, 2022, (“Defendant’s Motion”).The Motion was previously referred to the Honorable Alicia M. Otazo-Reyes for a Report and Recommendations (“R&R”) on all dispositive matters. See ECF No. [17]. On January 6, 2023, the Magistrate Judge issued a R&R recommending that Plaintiff’s Motion be denied and Defendant’s Motion be granted. ECF No. [21]. The R&R states that the parties shall file any objections within fourteen days of the date of service of a copy of the R&R. Id. To date, neither party has filed objections, nor has either party sought additional time in which to do so. Nevertheless, the Court has conducted a de novo review of the R&R 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 R&R to be well Case No. 22-cv-20732-BLOOM/Otazo-Reyes
reasoned and correct. The Court therefore agrees with the analysis in the R&R and concludes that the Motion must be DENIED for the reasons set forth therein. Accordingly, it is ORDERED and ADJUDGED as follows: 1. The R&R, ECF No. [21], is ADOPTED; 2. Plaintiff’s Motion, ECF No. [18], is DENIED; 3. Defendant’s Motion, ECF No. [19], is GRANTED; 4. The Commissioner’s decision is AFFIRMED; 5. All pending motions are DENIED AS MOOT; and, 6. The Clerk shall CLOSE this case. DONE AND ORDERED in Chambers at Miami, Florida, on January 23, 2023.
UNITED STATES DISTRICT JUDGE Copies to: Counsel of Record
Reference
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