Hill v. Commissioner of Social Security

Filing 27

ORDER that the 26 Report and Recommendation is ACCEPTED and ADOPTED and is made a part of this Order for all purposes. Plaintiff's 25 Petition for Attorney's Fees is GRANTED. Plaintiff is awarded attorney fees in the amount of $5,180.45 and costs in the amount of $385.00 which may be paid directly to counsel if the United States Department of Treasury determines that no federal debt is owed. Signed by Judge Sheri Polster Chappell on 2/25/2014. (DH)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
NANCY JAYNE HILL,
Plaintiff,
v.

Case No: 2:13-cv-120-FtM-38DNF

COMMISSIONER OF SOCIAL
SECURITY,
Defendant.
/
ORDER1
This matter comes before the Court on Report and Recommendation of United
States Magistrate Judge Douglas N. Frazier (Doc. #26) filed on February 10, 2014. Judge
Frazier recommends Plaintiff’s Petition for Attorney Fees (Doc. #25) be granted, and
attorney fees in the amount of $5,180.45 and costs in the amount of $385.00 be awarded
to Plaintiff, which may be paid directly to counsel if the United States Department of
Treasury determines that no federal debt is owed. No objections have been filed.
After conducting a careful and complete review of the findings and
recommendations, a district judge may accept, reject, or modify the magistrate judge’s
report and recommendation. 28 U.S.C. § 636(b)(1); Williams v. Wainwright, 681 F.2d 732
(11th Cir. 1982); cert. denied, 459 U.S. 1112 (1983). In the absence of specific objections,
there is no requirement that a district judge review factual findings de novo, Garvey v.

1

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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 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); Castro
Bobadilla v. Reno, 826 F. Supp. 1428, 1431-32 (S.D. Fla. 1993), aff’d, 28 F.3d 116 (11th
Cir.1994) (Table).
The Court has made an independent review of the record and Judge Frazier’s
Report and Recommendation. The Court agrees with Judge Frazier’s findings.
Accordingly, it is now
ORDERED:
1. Report and Recommendation (Doc. #26) is ACCEPTED and ADOPTED and
is made a part of this Order for all purposes.
2. Plaintiff’s Petition for Attorney’s Fees (Doc. #25) is GRANTED. Plaintiff is
awarded attorney fees in the amount of $5,180.45 and costs in the amount of
$385.00 which may be paid directly to counsel if the United States Department
of Treasury determines that no federal debt is owed.
DONE and ORDERED in Fort Myers, Florida this 25th day of February, 2014.

Copies: All Parties of Record

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