Henry v. Commissioner of Social Security
Henry v. Commissioner of Social Security
Trial Court Opinion
UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION
JACOB EVERETT HENRY,
Plaintiff,
v. Case No: 2:20-cv-461-JLB-MRM
COMMISSIONER OF SOCIAL SECURITY,
Defendant.
ORDER On July 23, 2021, the Magistrate Judge entered a Report and Recommendation (“R&R”) in this case, recommending that Plaintiff’s Unopposed Petition for EAJA Fees Pursuant to 28 U.S.C. 2421(d) (Doc. 26) be granted in part and denied in part. (Doc. 27.) Specifically, the R&R recommended that the Court award Plaintiff $8,689.24 in attorney’s fees, $400 in costs, and $21.15 in expenses. (Id. at 8.) Neither party has objected and the time to do so has expired. A district judge may accept, reject, or modify the magistrate judge’s R&R.
28 U.S.C. § 636(b)(1)(C). The factual findings in the R&R need not be reviewed de novo in the absence of an objection, but legal conclusions are always reviewed de novo. Id.; Cooper-Houston v. Southern Ry. Co.,
37 F.3d 603, 604(11th Cir. 1994); Garvey v. Vaughn,
993 F.2d 776, 779 n.9 (11th Cir. 1993). After an independent review of the record—and noting that no objections have been filed—the Court agrees with the well-reasoned R&R. Accordingly, itis ORDERED: 1. The R&R (Doc. 27) is ADOPTED. 2. Plaintiff's Unopposed Petition (Doc. 26) is GRANTED IN PART and DENIED IN PART. The Court awards Plaintiff $8,689.24 in attorney’s fees, $400 in costs, and $21.15 in expenses. 3. If the United States Department of the Treasury determines that Plaintiff does not owe a federal debt, the Government is DIRECTED to pay these amounts directly to Plaintiffs counsel. 4. The Clerk is DIRECTED to enter an amended judgment accordingly. 5. The Unopposed Petition (Doc. 26) is DENIED to the extent it seeks any greater or different relief than this Order grants. ORDERED at Fort Myers, Florida, on August 9, 2021
PLD ChabelbraLe JOHN L. BADALAMENTI UNITED STATES DISTRICT JUDGE
Reference
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