Fowler v. Commissioner of Social Security

Filing 37

ORDER adopting 36 REPORT AND RECOMMENDATIONS re 33 Unopposed MOTION for Attorney Fees (pursuant to EAJA) filed by Melissa Fowler. The Report and Recommendation 36 is ACCEPTED and ADOPTED and the findings incorporated herein. P laintiff Melissa Fowler's Unopposed Application for Attorney Fees Under the Equal Access to Justice Act 33 is GRANTED. a. Plaintiff Melissa Fowler is awarded $15,000.00 in attorney's fees under the Equal Access to Justice Act, 28 U. S.C. § 2412(d); and b.If the United States Department of Treasury determines that Plaintiff owes no federal debt, the Government accept Plaintiff's assignment of Equal Access to Justice Act fees and pay fees directly to Plaintiff's counsel. The Clerk is DIRECTED to enter an Amended Judgment and close the file. Signed by Judge Sheri Polster Chappell on 8/3/2018. (LMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
MELISSA FOWLER,
Plaintiff,
v.

Case No: 2:16-cv-665-FtM-38CM

COMMISSIONER OF SOCIAL
SECURITY,
Defendant.
/
ORDER1
This matter comes before the Court on United States Magistrate Judge Carol
Mirando’s Report and Recommendation (Doc. 36) on Plaintiff Melissa Fowler’s
Unopposed Application for Attorney Fees Under the Equal Access to Justice Act (Doc.
33). Judge Mirando recommends that the Application be granted. (Doc. 36). No party
has objected to the Report and Recommendation, and the period to do so has lapsed.
This 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
report and recommendation. See 28 U.S.C. § 636(b)(1); see also Williams v. Wainwright,
681 F.2d 732 (11th Cir. 1982). Absent specific objections, there is no requirement that a

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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
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 independently examining the file and on consideration of Judge Mirando’s
findings and recommendation, the Court accepts the Report and Recommendation.
Accordingly, it is now
ORDERED:
1. The Report and Recommendation (Doc. 36) is ACCEPTED and ADOPTED
and the findings incorporated herein.
2. Plaintiff Melissa Fowler’s Unopposed Application for Attorney Fees Under the
Equal Access to Justice Act (Doc. 33) is GRANTED.
a. Plaintiff Melissa Fowler is awarded $15,000.00 in attorney’s fees under
the Equal Access to Justice Act, 28 U.S.C. § 2412(d); and
b. If the United States Department of Treasury determines that Plaintiff
owes no federal debt, the Government accept Plaintiff’s assignment of
Equal Access to Justice Act fees and pay fees directly to Plaintiff’s
counsel.
3. The Clerk is DIRECTED to enter an Amended Judgment and close the file.
DONE and ORDERED in Fort Myers, Florida this 3rd day of August 2018.

Copies: All Parties of Record

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