DUFRESNE
v.
COMMISSIONER OF SOCIAL SECURITY

M.D. Fla. | 2024-06-07
No. 6:21-cv-1946
2024 FFL 12876 District Court, M.D. Florida (2024)

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Holding

The Court adopts the Magistrate Judge's Report and Recommendation, granting the Commissioner's unopposed motion for remand.


Facts & Procedural History

The Commissioner of Social Security moved for remand to conduct further administrative proceedings in a Social Security case. The Magistrate Judge rec…

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Opinion of the Court

In this Social Security case, the Commissioner has moved unopposed for remand to conduct further administrative proceedings. (Doc. 32.) On referral, U.S. Magistrate Judge Leslie Hoffman Price entered a Report and Recommendation stating that the Court should grant the motion. (Doc. 33 ("R&R").) The time has passed and there were no objections, so the Court examines the R&R for clear error only. See Macort v. Prem, Inc., 208 F. App'x 781, 784 (11th Cir. 2006). Finding none, the R&R is due to be adopted in its entirety.

Accordingly, it is ORDERED AND ADJUDGED:

1. The R&R (Doc. 33) is ADOPTED AND CONFIRMED and made a part of this Order in its entirety.

2. The Commissioner's motion to remand (Doc. 32) is GRANTED.

3. The final decision of the Commissioner is REVERSED AND REMANDED for further proceedings pursuant to sentence four of 42 U.S.C. § 405(g) for the reasons stated in the R&R.

4. The Clerk is DIRECTED to enter judgment in favor of Plaintiff and against the Commissioner, terminate all other pending motions as moot, and then close the case.

DONE AND ORDERED in Chambers in Orlando, Florida, on June 7, 2024.

ROY B. DALTON, JR.

United States District Judge


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