FRANK
v.
COMMISSIONER OF SOCIAL SECURITY
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The court accepted and adopted the Magistrate Judge's Report and Recommendation, affirming the Commissioner of Social Security's decision.
Plaintiff Sandra Frank sought Social Security benefits, which were denied. A Magistrate Judge recommended affirming the denial. Plaintiff did not file…
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ORDER1
Before the Court is United States Magistrate Judge Nicholas P. Mizell’s Report and Recommendation (“R&R”) (Doc. 23). Judge Mizell recommends affirming the decision to deny Social Security benefits for Plaintiff Sandra Frank. Frank did not timely object to the R&R. 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,” the 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 Nicholas P. Mizell’s Report and Recommendation (Doc. 23) 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 February 25, 2022.
tite POLSTER otal
UNITED STATES DISTRICT JUDGE
Copies: All Parties of Record
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- 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)