Burgos v. Commissioner of Social Security

United States District Court for the Southern District of Florida

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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