KEITH
v.
COMMISSIONER OF SOCIAL SECURITY
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Keith appealed the denial of Social Security benefits. The district court adopted the magistrate judge's report and recommendation, granting summary judgment in favor of the Commissioner of Social Security.
The district court adopted the magistrate judge's recommendation and granted the Commissioner's motion for summary judgment, affirming the denial of benefits.
[1] A district court must conduct a de novo determination of portions of a magistrate judge's report and recommendation to which an objection is made.
[2] When no objection is filed to a magistrate judge's report and recommendation, a district court reviews the report and recommendation for clear error.
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Join FLexlaw to unlock all legal intelligence“After careful consideration of the record, including Judge Flynn's well-reasoned report and recommendation, the Court adopts the report and recommendation.”
Establishes the court's standard of review and its adoption of the magistrate judge's analysis without objection.
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Join FLexlaw to unlock all legal intelligenceThe case involves an appeal of a Social Security benefits determination. The plaintiff, Keith, challenged the Commissioner's decision, which was initi…
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This matter is before the Court on the report and recommendation of Sean P. Flynn, United States Magistrate Judge. (Doc. 14). Judge Flynn recommends that the Court grant the Commissioner of Social Security's “Motion for Summary Judgment" (Doc. 7). No objections to the report and recommendation were filed, 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); 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).
After careful consideration of the record, including Judge Flynn's wellreasoned report and recommendation, the Court adopts the report and recommendation. Consequently, the Commissioner's motion for summary judgment is granted.
Accordingly, it is
ORDERED, ADJUDGED, and DECREED:
1. Judge Flynn's report and recommendation (Doc. 14) is AFFIRMED and ADOPTED and INCORPORATED BY REFERENCE into this Order for all purposes, including appellate review.
2. The Commissioner of Social Security's “Motion for Summary Judgment" (Doc. 7) is GRANTED.
3. The Clerk is directed to enter judgment in accordance with this Order and close the case.
DONE and ORDERED in Chambers, in Tampa, Florida, this 18th day of April, 2025.
TOM BARBER UNITED STATES DISTRICT JUDGE
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- Ennis Nettles v. Louie L. Wainwright, 677 F.2d 404 (5th Cir. 1982)
- Williams v. Louie L. Wainwright, 681 F.2d 732 (11th Cir. 1982)
- Camby v. Davis, 718 F.2d 198 (4th Cir. 1983)