Martin v. Commissioner of Social Security et al

Filing 30

ORDER adopting 29 REPORT AND RECOMMENDATIONS re 28 Unopposed MOTION for Attorney Fees pursuant to 28 U.S.C. 2312(d) filed by Lisa Heather Martin.The Report and Recommendation (Doc. 29 ) is ACCEPTED and ADOPTED and the findings in corporated herein. 2. Plaintiff Lisa Martin's Uncontested Petition for Equal Access to Justice Act Fees Pursuant to 28 U.S.C. § 2412(d) (Doc. 28 ) is GRANTED. a. Attorney's fees in the total amount of $7,879.24 are awarded to Pla intiff 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 Acc ess 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 $7,879.24 under the Equal Access to Justice Act, 28 U.S.C. § 2412(d). Signed by Judge Sheri Polster Chappell on 10/2/2018. (LMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
LISA HEATHER MARTIN,
Plaintiff,
v.

Case No: 2:17-cv-496-FtM-38CM

COMMISSIONER OF SOCIAL
SECURITY and SSA,
Defendants.
/
ORDER1
Before the Court is United States Magistrate Judge Carol Mirando’s Report and
Recommendation. (Doc. 29). Judge Mirando recommends that Plaintiff Lisa Martin’s
Uncontested Petition for Equal Access to Justice Act Fees Pursuant to 28 U.S.C. §
2412(d) be granted.

(Doc. 28).

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
or in part, the findings and recommendations, 28 U.S.C. § 636(b)(1)(C). The district judge

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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 upon 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. 29) is ACCEPTED and ADOPTED
and the findings incorporated herein.
2. Plaintiff Lisa Martin’s Uncontested Petition for Equal Access to Justice Act Fees
Pursuant to 28 U.S.C. § 2412(d) (Doc. 28) is GRANTED
a. Attorney’s fees in the total amount of $7,879.24 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 $7,879.24 under the Equal Access to Justice Act, 28
U.S.C. § 2412(d).
DONE and ORDERED in Fort Myers, Florida this 2nd day of October 2018.

Copies: All Parties of Record

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