James v. Commissioner of Social Security

Opinion

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION

CHARLES EDWARD JAMES,

Plaintiff,

v. Case No.: 2:19-cv-715-FtM-38MRM

COMMISSIONER OF SOCIAL SECURITY,

Defendant. / ORDER1 Before the Court is United States Magistrate Judge Mac R. McCoy’s Report and Recommendation (“R&R”) (Doc. 23) on Plaintiff’s Unopposed Motion for Attorney’s Fees (Doc. 22). Judge McCoy recommends granting the Motion. Neither party timely 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 the magistrate judge’s R&R. See 28 U.S.C. § 636(b)(1); see also Williams v. Wainwright, 681 F.2d 732 (11th Cir. 1982). In the absence of specific objections, there is no requirement that a district judge review factual findings de novo, Garvey v. Vaughn, 993 F.2d 776, 779 n.9 (11th Cir. 1993), and the court may accept, reject, or modify, in whole or in part, the findings and recommendations, 28 U.S.C. § 636(b)(1)(C). The district judge reviews legal

1 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. conclusions de novo, even in the absence of an objection. See Cooper-Houston v. Southern Ry. Co., 37 F.3d 603, 604 (11th Cir. 1994). After careful consideration and an independent review of the file, the Court accepts and adopts the R&R (Doc. 23) in full. Accordingly, it is now ORDERED: (1) The Report and Recommendation (Doc. 23) is ACCEPTED and ADOPTED and incorporated into this Order. (2) Plaintiff's Unopposed Motion for Attorney's Fees Pursuant to the Equal Access to Justice Act (Doc. 22) is GRANTED a. Plaintiff is AWARDED $6,892.12 in attorney’s fees. b. If the United States Department of Treasury determines that Plaintiff does not owe a federal debt, the Government may pay these fees directly to Plaintiff's counsel. (3) The Clerk is DIRECTED to amend the judgment to include a $6,892.12 attorney’s fees award in favor of Plaintiff. DONE and ORDERED in Fort Myers, Florida this 18th day of September, 2020.

UNITED STATES DISTRICT JUDGE

Copies: All Parties of Record