Opinion

Brown v. Commissioner of Social Security

Court
District Court, M.D. Florida
Filed
Jun 9, 2023
Cited by
0 cases
Authority
More cited than 19.9%

recommending the adoption of what would become 11th Circuit Rule 3-1 so that district courts do not have “to spend significant amounts of time and resources reviewing every issue—whether objected to or not.”

How later courts described this case

  • recommending the adoption of what would become 11th Circuit Rule 3-1 so that district courts do not have “to spend significant amounts of time and resources reviewing every issue—whether objected to or not.”

Written by the judges who cited it.

The opinion

UNITED STATES DISTRICT COURT

MIDDLE DISTRICT OF FLORIDA

JACKSONVILLE DIVISION

SHAWN L. BROWN,

Plaintiff,

v. Case No. 3:22-cv-927-MMH-JBT

COMMISSIONER

OF SOCIAL SECURITY,

Defendant.

ORDER

THIS CAUSE is before the Court on the Report and Recommendation

(Doc. 15; Report), entered by the Honorable Joel B. Toomey, United States

Magistrate Judge, on May 23, 2023. In the Report, Judge Toomey recommends

that the Commissioner’s decision be affirmed. See Report at 1, 7. No

objections to the Report have been filed, and the time for doing so has passed.

The Court “may accept, reject, or modify, in whole or in part, the findings

or recommendations made by the magistrate judge.” 28 U.S.C. § 636(b).

Pursuant to Rule 72, Federal Rules of Civil Procedure (Rule(s)), the Court “must

determine de novo any part of the magistrate judge’s disposition that has been

properly objected to.” See Rule 72(b)(3); see also 28 U.S.C. § 636(b)(1).

However, a party waives the right to challenge on appeal any unobjected-to

factual and legal conclusions. See 11th Cir. R. 3-1.1 As such, the Court

reviews those portions of the Magistrate Judge’s findings to which no objection

was filed for plain error and only if necessary, in the interests of justice. See

id.; see also Thomas v. Arn, 474 U.S. 140, 150 (1985) (“It does not appear that

Congress intended to require district court review of a magistrate [judge’s]

factual or legal conclusions, under a de novo or any other standard, when

neither party objects to those findings.”); Dupree v. Warden, 715 F.3d 1295,

1304-05 (11th Cir. 2013) (recommending the adoption of what would become

11th Circuit Rule 3-1 so that district courts do not have “to spend significant

amounts of time and resources reviewing every issue—whether objected to or

not.”).

Upon independent review of the Magistrate Judge’s Report, the Court will

accept and adopt the legal and factual conclusions recommended by the

Magistrate Judge. Accordingly, it is hereby

ORDERED:

1. The Magistrate Judge’s Report and Recommendation (Doc. 15) is

ADOPTED as the opinion of the Court.

1 The Magistrate Judge properly informed the parties of the time period for objecting

and the consequences of failing to do so. See Report at 8.

2. The Clerk of the Court is directed to enter judgment AFFIRMING the

Commissioner’s final decision and close the file.

DONE AND ORDERED in Jacksonville, Florida this 9th day of June,

2023.

MARCIA MORALES HOWARD

United States District Judge

ja

Copies to:

Counsel of Record

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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