Howdeshell v. Commissioner of Social Security

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION DEBORAH ANN HOWDESHELL, Plaintiff, v. Case No.: 2:20-cv-514-SPC-MRM COMMISSIONER OF SOCIAL SECURITY, Defendant. / OPINION AND ORDER1 Before the Court is United States Magistrate Judge Mac R. McCoy’s Report and Recommendation (“R&R”) (Doc. 25) on Plaintiff’s Unopposed Petition for EAJA Fees Pursuant to 28 U.S.C. § 2412(d) (Doc. 23). Judge McCoy recommends granting the Motion. Neither party objected, so the matter is ripe for review.

After conducting a careful and complete review of the findings and recommendations, a district judge “may accept, reject, or modify, in whole or in part,” the magistrate judge’s R&R. 28 U.S.C. § 636(b)(1)(C). In the absence of specific objections, there is no requirement that a district judge review the Disclaimer: Documents hyperlinked to CM/ECF are subject to PACER fees. By using hyperlinks, the Court does not endorse, recommend, approve, or guarantee any third parties or the services or products they provide, nor does it have any agreements with them. The Court is also not responsible for a hyperlink’s availability and functionality, and a failed hyperlink does not affect this Order.

R&R de novo. See Garvey v. Vaughn, 993 F.2d 776, 779 n.9 (11th Cir. 1993).

Instead, when parties don’t object, a district court need only correct plain error as demanded by the interests of justice. See, e.g., Symonette v. V.A. Leasing Corp., 648 F. App’x 787, 790 (11th Cir. 2016); Thomas v. Arn, 474 U.S. 140, 150-52 (1985). Plain error exists if (1) “an error occurred”; (2) “the error was plain”; (3) “it affected substantial rights”; and (4) “not correcting the error would seriously affect the fairness of the judicial proceedings.” Farley v. Nationwide Mut. Ins., 197 F.3d 1322, 1329 (11th Cir. 1999).

After examining the file independently and upon considering Judge McCoy’s findings and recommendations, the Court accepts and adopts the R&R. Accordingly, it is now ORDERED: 1. The Report and Recommendation (Doc. 25) is ACCEPTED and ADOPTED and incorporated into this Order.

2. Plaintiff’s Unopposed Petition for EAJA Fees Pursuant to 28 U.S.C. 2412(d) (Doc. 23) is GRANTED. a. Plaintiff is AWARDED $7,920.77 in attorney’s fees and $400 in costs. b. If the United States Department of Treasury determines that Plaintiff does not owe a federal debt, the Government may pay these fees and costs directly to Plaintiff's counsel.

3. The Clerk is DIRECTED to enter judgment in favor of Plaintiff for $7,920.77 in attorney’s fees and $400 in costs.

DONE and ORDERED in Fort Myers, Florida on March 10, 2022.

UNITED STATES DISTRICT JUDGE Copies: All Parties of Record