Rabourn v. Commissioner of Social Security
Rabourn v. Commissioner of Social Security
Trial Court Opinion
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS No. 6:21-cv-00157 Sammy Dale Rabourn, Plaintiff, V. Commissioner, SSA, Defendant.
ORDER On April 29, 2022, plaintiff Sammy Rabourn filed a motion for attorney fees under the Equal Access to Justice Act (“EAJA”). Doc. 26. The Commissioner did not file a response. The motion was re- ferred to Judge Love for findings of fact and recommendation for dis- position. On May 16, 2022, Judge Love issued a report and recommenda- tion, recommending that plaintiff’s motion be granted and that the Commissioner pay to plaintiff a sum of $4,733.43 in reasonable at- torney fees under the EAJA. Doc. 27. Neither party has filed objections to the report and recommen- dation, and the timeframe for doing so has passed. The court there- fore reviews the magistrate judge’s findings for clear error or abuse of discretion and reviews his legal conclusions to determine whether they are contrary to law. See United States v. Wilson,
864 F.2d 1219, 1221(5th Cir. 1989). Having reviewed the magistrate judge’s report, and being satis- fied that it contains no clear error, the court accepts its findings and recommendation. Accordingly, the report and recommendation (Doc. 27) is adopted. Plaintiff’s motion (Doc. 26) is granted, and the Commissioner shall pay to plaintiff a sum of $4,733.43 by making the payment payable to plaintiff and sending the payment to plaintiff’s counsel.
So ordered by the court on June 7, 2022. fb BARKER United States District Judge
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