UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION ELISBET TAMAYO GARCIA,

Plaintiff,

v. Case No. 2:20-cv-476-JLB-NPM

COMMISSIONER OF SOCIAL SECURITY,

Defendant. / ORDER The Magistrate Judge filed a Report and Recommendation (“R&R”) on June 29, 2021, recommending that Plaintiff Elisbet Tamayo Garcia’s unopposed motion for attorney’s fees (Doc. 31) under the Equal Access to Justice Act (“EAJA”),

(d), be granted in part and denied in part. (Doc. 32.) A district judge may accept, reject, or modify the magistrate judge’s report and recommendation.

(b)(1). In the absence of objections, a district judge is not required to review the factual findings in the report de novo, but legal conclusions are reviewed de novo even without an objection. Id.; Cooper-Houston v. Southern Ry. Co.,

(11th Cir. 1994); Garvey v. Vaughn,

, 779 n.9 (11th Cir. 1993). After an independent review of the record—and noting that no objection has been filed—the Court agrees with the R&R. Accordingly, it is ORDERED: 1. The R&R (Doc. 32) is ADOPTED and Ms. Garcia’s unopposed motion for fees under the EAJA (Doc. 31) is GRANTED IN PART and DENIED IN PART. The Court awards Ms. Garcia $8,398.75 under the EAJA.

(d). The motion is DENIED to the extent it seeks any greater or different relief. 2. If the United States Department of the Treasury determines that Ms. Garcia does not owe a federal debt, the Government will accept her assignment of EAJA fees and pay fees directly to Ms. Garcia’s counsel. 3. The Clerk is directed to enter a judgment as to attorney’s fees in the amount of $8,398.75 under the EAJA.

(d). ORDERED in Fort Myers, Florida, on July 21, 2021. □ Z JOHN L. BADALAMENTI UNITED STATES DISTRICT JUDGE