DIGIOIA
v.
COMMISSIONER OF SOCIAL SECURITY
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The court adopted the Magistrate Judge's Report and Recommendation, affirming the Commissioner's decision.
Plaintiff sought review of the Commissioner of Social Security's decision. The Magistrate Judge recommended affirming the Commissioner's decision. Nei…
The full statement of facts, procedural history, and disposition for this case are member content.
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ORDER1
Before the Court is United States Magistrate Judge Mac R. McCoy’s Report and Recommendation (“R&R”). (Doc. 16). Judge McCoy recommends affirming 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. 28 U.S.C. § 636(b)(1)(C). In the absence of specific objections, there is no requirement that a district judge review the
as demanded by the interests of justice. See, e.g., Symonette v. V.A. Leasing Corp., 648 F. App’x 787, 790 (11th Cir. 2016); Thomas v. Arn, 474 U.S. 140, 150-52 (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., 197 F. 3d 1322, 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 Mac R. McCoy’s Report and Recommendation (Doc. 16) is ACCEPTED and ADOPTED, and the
findings incorporated herein. 2. The Commissioner of Social Security’s decision is AFFIRMED pursuant to sentence four of 42 U.S.C. § 405(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 17, 2022.
,
UNITED STATES DISTRICT JUDGE
Copies: All Parties of Record
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Citator
Authorities Cited
- Thomas v. Arn, 474 U.S. 140 (U.S. 1985)
- Garvey v. Vaughn, 993 F.2d 776 (11th Cir. 1993)
- Farley v. Nationwide Mut. Ins. Co., 197 F.3d 1322 (11th Cir. 1999)