Chapa v. O'Malley

Southern District of Texas ENTERED UNITED STATES DISTRICT COURT May 13, 2025 SOUTHERN DISTRICT OF TEXAS Nathan Ochsner, Clerk CORPUS CHRISTI DIVISION CHIVA CHAPA, § Plaintiff, v. : CIVIL ACTION NO. 2:24-CV-00131 MARTIN O’MALLEY, ef al., : Defendants. : ORDER ADOPTING MEMORANDUM & RECOMMENDATION Before the Court is Magistrate Judge Julie K. Hampton’s Memorandum and Recommendation (“M&R”). (D.E. 19). The M&R recommends that the Court grant Plaintiffs unopposed motion for attorney fees. Jd. at 1.

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 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, 864 F.2d 1219, 1221 (Sth Cir. 1989) (per curiam); Powell y. Litton Loan Servicing, L.P., No. 4:14-CV-02700, 2015 WL 3823141, at *1 (S.D. Tex. June 18, 2015) (Harmon, J.) (citation omitted).

Having reviewed the proposed findings and conclusions of the Magistrate Judge, the filings of the parties, 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. 19). Accordingly, the Court GRANTS Plaintiff's unopposed motion for attorney fees. (D.E. 17). The Court AWARDS Plaintiff's attorney of record the sum of $9,391.43 in attorney fees and $405 in costs, to be paid 1/2 separately from the judgment fund. Consistent with Astrue v. Ratliff, 560 U.S. 586, 589 (2010), the Court ORDERS that the attorney fee award be made payable to Plaintiff Chiva Chapa and mailed in care of her attorney, Michael T. Kelly.

SO ORDERED.

DA ORALES UNITED STATES DISTRICT JUDGE Signed: Corpus Christi, Texas May /3** 2025 2/2