Matthews
v.
Colvin

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISIONMay 6, 2014
Case No. 8:13-cv-1469-T-33TGW (M.D. Fla. May. 6, 2014)

Case No. 8:13-cv-1469-T-33TGW

05-06-2014

GARRY MATTHEWS, Plaintiff, v. CAROLYN W. COLVIN, Acting Commissioner of the United States Social Security Administration, Defendant.


ORDER

This matter is before the Court on consideration of the Report and Recommendation of United States Magistrate Judge Thomas G. Wilson (Doc. # 16), filed on April 17, 2014, recommending that the decision of the Commissioner denying benefits be reversed and the matter remanded for further consideration.

As of this date, no objection to the Report and Recommendation has been filed, and the time to do so has now passed. After careful consideration, the Court adopts the Report and Recommendation of the Magistrate Judge. Discussion

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); Williams v. Wainwright, 681 F.2d 732 (11th Cir. 1982), cert. denied, 459 U.S. 1112 (1983).

In the absence of specific objections, there is no requirement that a district judge review factual findings de novo, Garvey v. Vaughn, 993 F.2d 776, 779 n.9 (11th Cir. 1993), and the court may accept, reject, or modify, in whole or in part, the findings and recommendations. 28 U.S.C. § 636(b)(1)(C). The district judge reviews legal conclusions de novo, even in the absence of an objection. See Cooper-Hous. v. S. Ry. Co., 37 F.3d 603, 604 (11th Cir. 1994); Castro Bobadilla v. Reno, 826 F. Supp. 1428, 1431-32 (S.D. Fla. 1993), aff'd, 28 F.3d 116 (11th Cir. 1994).

After conducting a careful and complete review of the findings, conclusions, and recommendations, and giving de novo review to matters of law, the Court accepts the factual findings and legal conclusions of the Magistrate Judge, and adopts the recommendation of the Magistrate Judge.

Accordingly, it is

ORDERED, ADJUDGED, and DECREED:

(1) The Report and Recommendation of Thomas G. Wilson, United States Magistrate Judge (Doc. # 16) is ADOPTED.

(2) The decision of the Commissioner of Social Security denying benefits is REVERSED and the matter is REMANDED for further consideration.

(3) The Clerk is directed to enter a Judgment in favor of the Plaintiff reflecting that the Commissioner's decision denying benefits is reversed and the matter is remanded for further consideration. Thereafter, the Clerk is directed to CLOSE THE CASE.

DONE and ORDERED in Chambers in Tampa, Florida, this 6th day of May, 2014.

__________


VIRGINIA M. HERNANDEZ COVINGTON


UNITED STATES DISTRICT JUDGE
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