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Case 3:13-cv-00495-MMH-TEM Document 9 Filed 09/20/13 Page 1 of 2 PageID 42

UNITED STATES DISTRICT COURT

MIDDLE DISTRICT OF FLORIDA

JACKSONVILLE DIVISION

CHRISTOPHER DANNY NIXON,

Plaintiff,

-vs-

Case No. 3:13-cv-495-J-34TEM

CAROLYN W. COLVIN,
Acting Commissioner of Social Security,

Defendant.

_________________________________/

O R D E R

THIS CAUSE is before the Court on Magistrate Judge Thomas E. Morris’s Report

and Recommendation (Dkt. No. 8; Report), entered on August 14, 2013. In the Report,

Magistrate Judge Morris recommends that Defendant’s Motion to Dismiss (Dkt. No. 6) be

granted. (Report at 5). Plaintiff has filed no objection 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)(1). If no specific

objections to findings of facts 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).

Case 3:13-cv-00495-MMH-TEM Document 9 Filed 09/20/13 Page 2 of 2 PageID 43

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.

2.

3.

The Report and Recommendation (Dkt. No. 8) of Magistrate Judge Morris is

ADOPTED as the opinion of the Court.

Defendant’s Motion to Dismiss (Doc. No. 6) is GRANTED. This case is

dismissed for lack of subject matter jurisdiction.

The Clerk of Court is directed to terminate all deadlines and pending motions,

and close the file

DONE AND ORDERED in Jacksonville, Florida, this 20th day of September, 2013

i24

Copies to:

The Honorable Thomas E. Morris
United States Magistrate Judge
Counsel of Record

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