Griffin v. Commissioner of Social Security

Filing 26

ORDERED: (1) United States Magistrate Judge Carol Mirando's Report and Recommendation Doc. 25 is ACCEPTED and ADOPTED and the findings incorporated herein. (2) Plaintiff Edward Griffin's Uncontested Petition for EAJA Fees Doc. 24 is GRANTED. a. The Court AWARD attorney's fees for $7,197.74 to Plaintiff pursuant to 28 U.S.C. § 2412(d). b. If the United States Department of the Treasury determines that Plaintiff does not owe a federal debt, the Government will acce pt Plaintiff's assignment of EAJA fees and pay fees directly to Plaintiff's counsel. (3) The Clerk is DIRECTED to enter judgment for Plaintiff as to attorney's fees in the amount of $7,197.74 under 28 U.S.C. § 2412(d). Signed by Judge Sheri Polster Chappell on 12/10/2018. (laf)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
EDWARD GRIFFIN,
Plaintiff,
v.

Case No: 2:17-cv-280-FtM-38CM

COMMISSIONER OF SOCIAL
SECURITY,
Defendant.
/
OPINION AND ORDER1
Before the Court is United States Magistrate Judge Carol Mirando’s Report and
Recommendation. (Doc. 25). Judge Mirando recommends granting Plaintiff Edward
Griffin’s Uncontested Petition for EAJA Fees.

No party objects to the Report and

Recommendation, and the time to do so has expired.
A district judge “may accept, reject, or modify in whole or in part, the findings or
recommendations made by the magistrate judge.” 28 U.S.C. § 636(b)(1). The district
judge “shall make a de novo determination of those portions of the report or specified
proposed findings or recommendations to which objection is made.” Id. And “[t]he judge

1

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may also receive further evidence or recommit the matter to the magistrate judge with
instructions.” Id.
After examining the file independently, and upon considering Judge Mirando’s
findings and recommendations, the Court accepts and adopts the Report and
Recommendation.
Accordingly, it is now
ORDERED:
(1) United States Magistrate Judge Carol Mirando’s Report and Recommendation
(Doc. 25) is ACCEPTED and ADOPTED and the findings incorporated herein.
(2) Plaintiff Edward Griffin’s Uncontested Petition for EAJA Fees (Doc. 24) is
GRANTED.
a. The Court AWARD attorney’s fees for $7,197.74 to Plaintiff pursuant to
28 U.S.C. § 2412(d).
b. If the United States Department of the Treasury determines that Plaintiff
does not owe a federal debt, the Government will accept Plaintiff’s
assignment of EAJA fees and pay fees directly to Plaintiff’s counsel.
(3) The Clerk is DIRECTED to enter judgment for Plaintiff as to attorney’s fees in
the amount of $7,197.74 under 28 U.S.C. § 2412(d).
DONE and ORDERED in Fort Myers, Florida this 10th day of December 2018.

Copies: All Parties of Record

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