Johnson v. Kijakazi

District Court, S.D. Texas

Johnson v. Kijakazi

Trial Court Opinion

Southern District of Texas ENTERED UNITED STATES DISTRICT COURT April 01, 2025 SOUTHERN DISTRICT OF TEXAS Nathan Ochsner, Clerk CORPUS CHRISTI DIVISION DENNIS WAYNE JOHNSON, § Plaintiff, V. § CIVIL ACTION NO. 2:23-CV-00255 MARTIN O’MALLEY, : Defendant. ORDER ADOPTING MEMORANDUM & RECOMMENDATION Before the Court is Magistrate Judge Julie K. Hampton’s Memorandum and Recommendation (“M&R”). (D.E. 16). The M&R recommends that the Court grant Plaintiff's motion for attorney fees. Id. at 1-2. The parties were provided proper notice of, and the opportunity to object to, the Magistrate Judge’s M&R. See

28 U.S.C. § 636

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

864 F.2d 1219, 1221

(Sth Cir. 1989) (per curiam). Having reviewed the proposed findings and conclusions of the Magistrate Judge, the parties’ filings, 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. 16). Accordingly, the Court GRANTS Plaintiff's motion. (D.E. 15). As Plaintiff is the prevailing party, the Court AWARDS Plaintiffs attorney a sum of $8,983.20 in attorney fees and $402 in costs. The attorney fee award shall be made payable to Plaintiff, Dennis Wayne Johnson, and mailed in care of his attorney, David F. Chermol, Chermol & Fishman LLC, 11450 Bustleton Avenue, Philadelphia, PA 19116.

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SO ORDERED. DAVID'$. MORALES UNITED STATES DISTRICT JUDGE Signed: Corpus Christi, Texas April Ist, 2025

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Reference

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