Damato v. Commissioner of Social Security ( 2022 )

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO. 20-61949-CIV-SINGHAL/VALLE FRANCINE DAMATO, Plaintiff, vs. KILOLO KIJAKAZI,1 Acting Commissioner of Social Security Administration, Defendant. ___________________________/ ORDER ADOPTING MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION THIS MATTER has come before the Court upon the Plaintiff’s Motion for Summary Judgment (DE [20]) and Defendant’s Motion for Summary Judgment (DE [23]) (together, “the motions”), which were referred to Magistrate Judge Alicia O. Valle for Report and Recommendation. The magistrate judge issued a Report and Recommendation (DE [26]) on February 14, 2022, recommending that Plaintiff’s Motion for Summary Judgment (DE [20]) be denied and Defendant’s Motion for Summary Judgment (DE [23]) be granted. The Court has reviewed the entire file and record and has made a de novo review of the issues. No objections to the magistrate judge’s Report and Recommendation have been filed. Failure to timely object waives the right to challenge on appeal this Court’s order based on unobjected-to factual and legal conclusions contained in the Report and 1 Recommendation. 11th Cir. R. 3-1 (2021); see Thomas v. Arn, 474 U.S. 140 (1985). The Court has carefully considered Judge Valle’s thoughtful analysis; it is hereby ORDERED AND ADJUDGED that the magistrate judge’s Report and Recommendation (DE [26]) is AFFIRMED and ADOPTED. Plaintiffs Motion for Summary Judgment (DE [20]) is DENIED. Defendant's Motion for Summary Judgment (DE [23]) is GRANTED. DONE AND ORDERED in Chambers, Fort Lauderdale, Florida, this 2nd day of March 2022. \ < UNITED STATES DISTRICT JUDGE Copies furnished counsel via CM/ECF