Whaley v. Commissioner of Social Security

Filing 28

ORDER adopting 27 REPORT AND RECOMMENDATIONS re 26 Unopposed MOTION for Attorney Fees pursuant to 28 U.S.C. 2312(d) filed by Jennifer L. Whaley. The Report and Recommendation (Doc. 27 ) is ACCEPTED and ADOPTED and the findings incorporated herein. Plaintiff Jennifer Whaley's Uncontested Petition for Equal Access to Justice Act Fees Pursuant to 28 U.S.C. § 2412(d) (Doc. 26 ) is GRANTED. Attorney's fees in the total amount of $7,909.87 are awarded to Pla intiff pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412(d); and If the United States Department of the Treasury determines that Plaintiff does not owe a 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 of Court is DIRECTED to enter judgment for Plaintiff as to attorney's fees in the total amount of $7,909.87 under the Equal Access to Justice Act, 28 U.S.C. § 2412(d).Signed by Judge Sheri Polster Chappell on 11/28/2018. (LMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
JENNIFER L. WHALEY,
Plaintiff,
v.

Case No: 2:17-cv-324-FtM-38CM

COMMISSIONER OF SOCIAL
SECURITY,
Defendant.
/
ORDER1
Before the Court is United States Magistrate Judge Carol Mirando’s Report and
Recommendation.

(Doc. 27).

Judge Mirando recommends that Plaintiff Jennifer

Whaley’s Uncontested Petition for Equal Access to Justice Act Fees Pursuant to 28
U.S.C. § 2412(d) be granted. (Doc. 27). 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).

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

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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 CooperHouston 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 and adopts the Report and
Recommendation.
Accordingly, it is now
ORDERED:
1. The Report and Recommendation (Doc. 27) is ACCEPTED and ADOPTED
and the findings incorporated herein.
2. Plaintiff Jennifer Whaley’s Uncontested Petition for Equal Access to Justice Act
Fees Pursuant to 28 U.S.C. § 2412(d) (Doc. 26) is GRANTED
a. Attorney’s fees in the total amount of $7,909.87 are awarded to Plaintiff
pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412(d); and
b. If the United States Department of the Treasury determines that Plaintiff
does not owe a 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 of Court is DIRECTED to enter judgment for Plaintiff as to attorney’s
fees in the total amount of $7,909.87 under the Equal Access to Justice Act, 28
U.S.C. § 2412(d).

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DONE and ORDERED in Fort Myers, Florida this 27th day of November 2018.

Copies: All Parties of Record

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