Rogers v. Commissioner of Social Security ( 2019 )

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA JACKSONVILLE DIVISION AMBER SHA ROGERS, Plaintiff, v. Case No. 3:19-cv-595-J-34JBT ANDREW SAUL, Commissioner of the Social Security Administration, Defendant. ORDER THIS CAUSE is before the Court on the Report and Recommendation (Dkt. No. 7; Report), entered by the Honorable Joel B. Toomey, United States Magistrate Judge, on August 13, 2019. In the Report, Judge Toomey recommends that Plaintiff’s Application to Proceed in District Court Without Prepaying Fees or Costs (Dkt. No. 3; Motion) be denied, and that this case be dismissed without prejudice. See Report at 2. Plaintiff has failed to file objections to the Report, 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). If no specific objections to findings of fact are filed, the district court is not required to conduct a de novo review of those findings. See Garvey v. Vaughn, 993 F.2d 776, 779 n.9 (11th Cir. 1993); see also 28 U.S.C. § 636(b)(1). However, the district court must review legal conclusions de novo. See Cooper-Houston v. Southern Ry. Co., 37 F.3d 603, 604 (11th Cir. 1994); United States v. Rice, No. 2:07-mc-8-FtM-29SPC, 2007 WL 1428615 at *1 (M.D. Fla. May 14, 2007). Upon independent review of the file and for the reasons stated in 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 (Dkt. No. 7) is ADOPTED as the opinion of the Court. 2. Plaintiff's Application to Proceed in District Court Without Prepaying Fees or Costs (Dkt. No. 3) is DENIED. 3. This case is DISMISSED without prejudice. 4. The Clerk of the Court is directed to terminate all pending motions and deadlines as moot and close the file. DONE AND ORDERED in Jacksonville, Florida this 9th day of September, 2019. United States District Judge ja Copies to: Counsel of Record Pro Se Parties