Thompson v. Commissioner of Social Security

Filing 26

ORDER accepting and adopting 25 REPORT AND RECOMMENDATIONS re 22 Report and Recommendation and is made a part of this Order for all purposes.The Application for Attorney's Fees 22 is GRANTED. Plaintiff is awarded $2,527.34 in attorney's fees 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 2/19/2014. (LMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
PAUL THOMPSON,
Plaintiff,
v.

Case No: 2:13-cv-232-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. #25) filed on February 4, 2014. Judge
Frazier recommends that the Application for Attorney Fees under the Equal Access to
Justice Act (Doc. #22) be granted, and attorney fees in the amount of $2,527.34 be
awarded to Plaintiff, and 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.

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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 and agrees with Judge Frazier’s findings.
Accordingly, it is now
ORDERED:
1. Report and Recommendation (Doc. #25) is ACCEPTED and ADOPTED and is
made a part of this Order for all purposes.
2. The Application for Attorney’s Fees (Doc. #22) is GRANTED. Plaintiff is awarded
$2,527.34 in attorney’s fees 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 19th day of February, 2014.

Copies: All Parties of Record

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