BODE
v.
COMMISSIONER OF SOCIAL SECURITY
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The Court granted the defendant's unopposed motion to remand the action to the Social Security Administration for further proceedings.
The defendant filed an unopposed motion to remand the action to the Social Security Administration. A Report and Recommendation was issued recommendin…
The full statement of facts, procedural history, and disposition for this case are member content.
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THIS CAUSE comes before the Court for consideration of Defendant's Unopposed Motion to Remand [the Action] to [the] Social Security Administration, (Dkt. 17). On April 9, 2025, Judge Lindsay S. Griffin issued a Report and Recommendation, (Dkt. 18), which recommended Defendant's unopposed motion be granted and to remand the action to the Commissioner for further proceedings pursuant to 42 U.S.C. § 405(g). Id.
Neither party has filed an objection to Judge Griffin's Report and Recommendation. Moreover, the deadline for doing so has passed. Upon consideration of all relevant filings, case law, and being otherwise fully advised, the Court GRANTS Defendant's Unopposed Motion and REMANDS the action to the Social Security Administration.
In the Eleventh Circuit, a district judge may accept, reject, or modify the magistrate judge's report and recommendation after conducting a careful and complete review of the findings and recommendations. 28 U.S.C. § 636(b)(1); Williams v. Wainwright, 681 F. 2d 732, 732 (11th Cir. 1982). A district judge "shall make a de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made.” 28 U.S.C. § 636(b)(1)(C). This requires that the district judge "give fresh consideration to those issues to which specific objection has been made by a party." Jeffrey S. v. State Bd. of Educ., 896 F. 2d 507, 512 (11th Cir.1990) (quoting H.R. 1609, 94th Cong. § 2 (1976)). Absent 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-Houston v. Southern Ry., 37 F. 3d 603, 604 (11th Cir. 1994).
Upon consideration of the Report and Recommendation, in conjunction with an independent examination of the file, the Court is of the opinion the Report and Recommendation should be adopted, confirmed, and approved in all respects. Accordingly, it is ORDERED that:
1. The Report and Recommendation, (Dkt. 18), is CONFIRMED and ADOPTED as part of this Order.
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2. Defendant's Unopposed Motion to Remand to [the] Social Security Administration, (Dkt. 17), is GRANTED.
3. The instant action is REMANDED to the Social Security
Administration.
4. The Clerk of Court is DIRECTED to enter judgment in favor of both parties, terminate any pending motions, and CLOSE the case.
DONE and ORDERED in Tampa, Florida, this 1st day of May 2025.
MARY S SCRIVEN
UNITED STATES DISTRICT JUDGE
Copies furnished to: Counsel of Record Any Unrepresented Person
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- Marina Cooper-Houston v. S. Ry. Co., 37 F.3d 603 (11th Cir. 1994)
- Garvey v. Vaughn, 993 F.2d 776 (11th Cir. 1993)
- Williams v. Louie L. Wainwright, 681 F.2d 732 (11th Cir. 1982)
- Ga. Power Co. v. Int'l Bhd. OF Elec. Workers, 896 F.2d 507 (11th Cir. 1990)