McCord v. Commissioner of Social Security
McCord v. Commissioner of Social Security
Trial Court Opinion
UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION MICHAEL LEON MCCORD,
Plaintiff,
v. Case No. 2:19-cv-318-JLB-NPM
COMMISSIONER OF SOCIAL SECURITY,
Defendant.
ORDER The Magistrate Judge filed a Report and Recommendation (“R&R”) on November 5, 2021, recommending that Plaintiff Michael McCord’s unopposed motion for attorney’s fees under the Equal Access to Justice Act (“EAJA”),
28 U.S.C. § 2412(d), (Doc. 41), be granted in part and denied in part. (Doc. 42.) The R&R recommends granting $8,292.50 in attorney fees but denying the request for $24 in paralegal fees. (Doc. 42 at 5.) No party has objected, and the time to do so has expired. A district judge may accept, reject, or modify the magistrate judge’s report and recommendation.
28 U.S.C. § 636(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. S. 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 objection has been filed—the Court agrees with the R&R. Accordingly, it is ORDERED: 1. The R&R (Doc. 42) is ADOPTED and Mr. McCord’s unopposed motion for fees under the EAJA (Doc. 41) is GRANTED IN PART and DENIED IN PART. The Court awards Mr. McCord $8,292.50 under the EAJA.
28 U.S.C. § 2412(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 Mr. McCord does not owe a federal debt, the Government will accept his assignment of EAJA fees and pay fees directly to his counsel. 3. The Clerk is directed to enter a judgment as to attorney’s fees in the amount of $8,292.50 under the EAJA.
28 U.S.C. § 2412(d). ORDERED in Fort Myers, Florida, on November 238, 2021. Pld Cofileutr JOHN L. BADALAMENTI UNITED STATES DISTRICT JUDGE
Reference
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