McNish v. Acting Commissioner of Social Security

United States District Court for the Southern District of Florida

McNish v. Acting Commissioner of Social Security

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA

CASE NO. 22-61584-DIMITROULEAS/HUNT GAYE MCNISH,

Plaintiff,

v.

COMMISSIONER OF SOCIAL SECURITY,

Defendant. _____________________________________/

ORDER OF REMAND; ADOPTING REPORT OF MAGISTRATE JUDGE

THIS CAUSE is before the Court upon the Report and Recommendation of Magistrate Judge Patrick M. Hunt (the “Report”) [DE 20], entered herein on November 2, 2023. The Court notes that no objections to the Report [DE 20] have been filed, and the time for filing such objections has passed. As no timely objections were filed, the Magistrate Judge’s factual findings in the Report [DE 20] are hereby adopted and deemed incorporated into this opinion. LoConte v. Dugger,

847 F.2d 745, 749-50

(11th Cir. 1988), cert. denied,

488 U.S. 958

(1988); RTC v. Hallmark Builders, Inc.,

996 F.2d 1144, 1149

(11th Cir. 1993). Although no timely objections were filed, the Court has conducted a de novo review of the Report [DE 20] and record and is otherwise fully advised in the premises. The Court agrees with the Magistrate Judge’s analysis and conclusions. Accordingly, it is ORDERED AND ADJUDGED as follows: 1. The Report [DE 20] is hereby ADOPTED AND APPROVED; 2. Plaintiff’s Motion for Summary Judgment [DE 16] is GRANTED; 3. Defendant’s Motion for Summary Judgment [DE 17] is DENIED; 4. This case is hereby REMANDED for further consideration commensurate with the Report [DE 20]; and 5. The Clerk is directed to CLOSE this case and DENY AS MOOT any pending motions. DONE AND ORDERED in Chambers at Fort Lauderdale, Broward County, Florida, this 17th day of November, 2023.

f a ? ; 2 (F a “4 if { FO etre zd a3 v ty j ‘4 ta ase Af VILLIAM P. DIMITROULEAS United States District Judge

Copies furnished to: Counsel of record Magistrate Judge Hunt

Reference

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