UNITED STATES DISTRICT COURT March 19, 2021 SOUTHERN DISTRICT OF TEXAS Nathan Ochsner, Clerk CORPUS CHRISTI DIVISION

FRANK MALMSTEAD, § § Plaintiff, § VS. § CIVIL ACTION NO. 2:19-CV-144 § COMMISSIONER OF SOCIAL § SECURITY, § § Defendant. §

ORDER ADOPTING MEMORANDUM & RECOMMENDATION

Before the Court is Magistrate Judge Julie Hampton’s Memorandum and Recommendation (M&R). (D.E. 18). The M&R recommends that Attorney David Chermol’s motion for attorney fees be granted. (D.E. 16). The parties were provided proper notice of, and the opportunity to object to, the Magistrate Judge’s M&R. See

(b)(1); FED. R. CIV. P. 72(b); General Order No. 2002-13. No objection has been filed. When no timely objection has been filed, the district court need only determine whether the Magistrate Judge’s M&R is clearly erroneous or contrary to law. United States v. Wilson,

(5th Cir. 1989) (per curiam); Powell v. Litton Loan Servicing, LP, No. CIV. A. H-14-2700,

, at *1 (S.D. Tex. June 18, 2015). Having carefully reviewed the proposed findings and conclusions of the Magistrate Judge, the record, and the applicable law, and finding that the M&R is not clearly erroneous or contrary to law, the Court ADOPTS the M&R in its entirety. (D.E. 18). Accordingly, Chermol’s motion for attorney fees is GRANTED (D.E. 16) and the Court finds that he is entitled to a fee award of $16,646.38. Further, Chermol is ORDERED, as recommended by the M&R, to refund his client the $5,597 award he previously received under the Equal Access to Justice Act because it is the lesser of the

two awards. (D.E. 18, p. 4). SO ORDERED.

DAVID S. MORALES UNITED STATES DISTRICT JUDGE Dated: Corpus Christi, Texas March 19, 2021