ROBINSON
v.
COMMISSIONER OF SOCIAL SECURITY
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Robinson sought to reopen a Social Security case, but the district court adopted the magistrate judge's recommendation denying the motion to reopen. The court applied the standard review framework for magistrate judge recommendations under 28 U.S.C. § 636(b)(1).
The district court adopted the magistrate judge's Report and Recommendation and denied Robinson's second motion to reopen the case.
[1] A district court must conduct a de novo review of a magistrate judge's legal conclusions, even in the absence of an objection.
[2] A district court may accept, reject, or modify a magistrate judge's report and recommendation after conducting a careful and complete review.
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Join FLexlaw to unlock all legal intelligence“After conducting a careful and complete review of the findings and recommendations, a district judge may accept, reject, or modify a magistrate judge's Report and Recommendation.”
Establishes the standard of review for magistrate judge recommendations under 28 U.S.C. § 636(b)(1).
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Join FLexlaw to unlock all legal intelligenceRobinson filed a second motion to reopen a case against the Commissioner of Social Security. A magistrate judge issued a Report and Recommendation rec…
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The United States Magistrate Judge recommends denying the plaintiff's second motion to reopen this case (Doc. 44). The deadline to object to the Magistrate Judge's Report and Recommendation has passed without either party lodging an objection. Considering the record, the Court adopts the Report and Recommendation.
After conducting a careful and complete review of the findings and recommendations, a district judge may accept, reject, or modify a magistrate judge's Report and Recommendation. 28 U.S.C. § 636(b)(1). If a party files a timely and specific objection to a finding of fact by a magistrate judge, the district court must conduct a de novo review with respect to that factual issue. Stokes v. Singletary, 952 F. 2d 1567, 1576 (11th Cir. 1992). The district court reviews legal conclusions de novo, even in the absence of an objection. See Cooper-Houston v. S. Ry. Co., 37 F. 3d 603, 604 (11th Cir. 1994); Ashworth v. Glades Cnty. Bd. of Cnty. Comm'rs, 379 F. Supp. 3d 1244, 1246 (M.D. Fla. 2019).
1
In the absence of any objection and after reviewing the factual allegations and legal conclusions, I adopt the Report and Recommendation.
Accordingly, it is ORDERED:
1. The Magistrate Judge's Report and Recommendation (Doc. 49) is ADOPTED and made a part of this Order for all purposes.
2. The Plaintiff's second motion to reopen this case (Doc. 39) is DENIED.
ORDERED in Tampa, Florida, on December 18, 2024.
Kathryn Kimball Mizelle United States District Judge
2
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- Marina Cooper-Houston v. S. Ry. Co., 37 F.3d 603 (11th Cir. 1994)
- Durham Eldon Stokes v. Singletary, 952 F.2d 1567 (11th Cir. 1992)
- Ashworth v. Glades Cnty. Bd. of Cnty. Comm'rs, 379 F. Supp. 3d 1244 (M.D. Fla. 2019)