Romano v. Commissioner of Social Security

UNITED STATES DISTRICT COURT

MIDDLE DISTRICT OF FLORIDA

FORT MYERS DIVISION

BENARDINO ROMANO,

Plaintiff, v. Case No: 2:20-cv-573-JLB-MRM COMMISSIONER OF SOCIAL SECURITY,

Defendant.

ORDER

On November 17, 2021, the Magistrate Judge entered a Report and Recommendation (“R&R”), recommending that Plaintiff’s Unopposed Petition for EAJA Fees Pursuant to 28 U.S.C. § 2421(d) (Doc. 28) be granted. (Doc. 29.) No party 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, itis ORDERED:

1. The Report and Recommendation (Doc. 29) is ADOPTED, and Plaintiff's Unopposed Petition (Doc. 28) is GRANTED.

2. The Court awards Plaintiff $7,973.50 in attorney’s fees, $400 in costs, and $20.70 in expenses.

3. If the United States Department of the Treasury determines that Plaintiff does not owe a federal debt, the Government will accept his assignment of EAJA fees and pay fees directly to his counsel.

4. The Clerk is DIRECTED to enter judgment accordingly.

ORDERED at Fort Myers, Florida, on December 6, 2021. □ Z

JOHN L. BADALAMENTI UNITED STATES DISTRICT JUDGE