Blakely v. Commissioner of Social Security

United States District Court for the Middle District of Florida

Blakely v. Commissioner of Social Security

Trial Court Opinion

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA ORLANDO DIVISION

SARAH BLAKELY,

Plaintiff,

v. Case No. 6:16-cv-987-Orl-37GJK

COMMISSIONER OF SOCIAL SECURITY,

Defendant. _____________________________________

ORDER Plaintiff’s attorney, Richard A. Culbertson (“Culbertson”), filed an unopposed request for authorization to charge Plaintiff attorney’s fees. (Doc. 21 (“Motion”).) Culbertson seeks $3,440.43, equaling 25% of Plaintiff’s past-due benefits per a contingency agreement, minus the Equal Access to Justice Act fees awarded. (Id. ¶¶ 1, 3.) On referral, United States Magistrate David A. Baker recommends granting the Motion. (Doc. 22 (“R&R”).) The parties filed a joint notice of no objection to the R&R. (Doc. 23.) Absent objection, the Court has examined the R&R only for clear error. See Wiand v. Wells Fargo Bank, N.A., No. 8:12-cv-557-T-27EAJ,

2016 WL 355490

, at *1 (M.D. Fla. Jan 28, 2016); see also Macort v. Prem, Inc.,

208 F. App’x 781, 784

(11th Cir. 2006). Finding no such error, the Court finds that the R&R is due to be adopted in its entirety. Accordingly, it is ORDERED AND ADJUDGED as follows: 1. U.S. Magistrate Judge David A. Baker’s Report and Recommendation (Doc. 22) is ADOPTED, CONFIRMED, and made a part of this Order. 2. Richard A. Culbertson’s Unopposed Request for Authorization to Charge □ Reasonable Fee (Doc. 21) is GRANTED. 3. Richard A. Culbertson is AUTHORIZED to charge Plaintiff Sarah Blakely $3,440.43 in attorney’s fees. 4. The Clerk is DIRECTED to close the file. DONE AND ORDERED in Chambers in Orlando, Florida, on February 11, 2020.

wy. <a ROY B. DALTON JR: United States District Judge

Copies to: Counsel of Record

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Reference

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