UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA ORLANDO DIVISION

CARLOS A. JIMENEZ AVILES,

Plaintiff,

v. Case No. 6:16-cv-127-Orl-37GJK

COMMISSIONER OF SOCIAL SECURITY,

Defendant. _____________________________________

ORDER Plaintiff’s attorney, Richard A. Culbertson (“Culbertson”), filed an unopposed request to charge Plaintiff attorney’s fees. (Doc. 19 (“Motion”).) Culbertson seeks $11,662.43, equaling 25% of Plaintiff’s past-due benefits minus the Equal Access to Justice Act fees awarded, per a contingency agreement. (Id. ¶¶ 1, 3.) On referral, U.S. Magistrate Judge Gregory J. Kelly recommends granting the Motion. (Doc. 20 (“R&R”).) No party objected to the R&R, and the time for doing so has now passed.1 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,

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

(11th Cir. 2006). Finding no such error, the Court finds that the R&R is due to be adopted in its entirety.

1 Defendant filed a response to the R&R, explaining it does not object but notes it has released all past-due benefits to Plaintiff and explains agency procedures should Culbertson be unable to collect attorney’s fees from Plaintiff. (See Doc. 21, p. 2.) It is ORDERED AND ADJUDGED: 1. U.S. Magistrate Judge Gregory J. Kelly’s Report and Recommendation (Doc. 20) is ADOPTED, CONFIRMED, and made a part of this Order. 2. Richard A. Culbertson’s Unopposed Request for Authorization to Charge □ Reasonable Fee (Doc. 19) is GRANTED. 3. Richard A. Culbertson is AUTHORIZED to charge Plaintiff Carlos A. Jimenez Aviles $11,662.43 in attorney’s fees. DONE AND ORDERED in Chambers in Orlando, Florida, on August 4, 2020.

/] a “ROY B. DALTON JR: United States District Judge

Copies to: Counsel of Record

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