HAYER

v.

COMMISSIONER OF SOCIAL SECURITY

Defendant. /

ORDER1

Before the Court is United States Magistrate Judge Nicholas P. Mizell’s Report and Recommendation (“R&R”). (Doc. 25). Judge Mizell recommends reversing and remanding the decision of the Commissioner of the Social Security Administration. Neither party objects to the R&R, and the time to do so has expired. 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,” a 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. 25) 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 August 18, 2022.

tite POLSTER otal

UNITED STATES DISTRICT JUDGE

Copies: All Parties of Record