James v. Commissioner of Social Security

Filing 30

ORDERED: The Report and Recommendation (Doc. 29) is ACCEPTED and ADOPTED and the findings incorporated herein. Plaintiff's Unopposed Motion for Attorney's Fees Pursuant to 42 U.S.C. § 406(b) (Doc. 26) is GRANTED. Plaintiff� 39;s counsel is awarded $41,032.25 in attorney's fees under 42 U.S.C. § 406(b) The Commissioner of Social Security is directed to pay Plaintiff's counsel $41,032.25. The Clerk is directed to enter a judgment awarding $41,032.25 to Plaintiff's counsel for attorney's fees. Signed by Judge Sheri Polster Chappell on 1/7/2022. (AEH)

Case 2:19-cv-00715-SPC-MRM Document 30 Filed 01/07/22 Page 1 of 3 PageID 1764

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

Case No.: 2:19-cv-715-SPC-MRM

COMMISSIONER OF SOCIAL
SECURITY,
Defendant.
/
OPINION AND ORDER1
Before the Court is United States Magistrate Judge Mac R. McCoy’s
Report and Recommendation (Doc. 29) on Plaintiff’s Unopposed Motion for
Attorney’s Fees Pursuant to 42 U.S.C. § 406(b) (Doc. 26).

Judge McCoy

recommends granting the Motion. Neither party objects to the Report and
Recommendation, and the time to do so has expired.
After conducting a careful and complete review of the findings and
recommendations, a district judge “may accept, reject, or modify, in whole or
in part,” the magistrate judge’s R&R. 28 U.S.C. § 636(b)(1)(C). In the absence
of specific objections, there is no requirement that a district judge review the

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Case 2:19-cv-00715-SPC-MRM Document 30 Filed 01/07/22 Page 2 of 3 PageID 1765

R&R de novo. See Garvey v. Vaughn, 993 F.2d 776, 779 n.9 (11th Cir. 1993).
Instead, when parties don’t object, a district court need only correct plain error
as demanded by the interests of justice. See, e.g., Symonette v. V.A. Leasing
Corp., 648 F. App’x 787, 790 (11th Cir. 2016); Thomas v. Arn, 474 U.S. 140,
150-52 (1985). Plain error exists if (1) “an error occurred”; (2) “the error was
plain”; (3) “it affected substantial rights”; and (4) “not correcting the error
would seriously affect the fairness of the judicial proceedings.”

Farley v.

Nationwide Mut. Ins., 197 F.3d 1322, 1329 (11th Cir. 1999).
After examining the file independently and upon considering Judge
McCoy’s findings and recommendations, 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’s Unopposed Motion for Attorney’s Fees Pursuant to 42
U.S.C. § 406(b) (Doc. 26) is GRANTED.
a. Plaintiff’s counsel is awarded $41,032.25 in attorney’s fees
under 42 U.S.C. § 406(b)
b. The Commissioner of Social Security is directed to pay
Plaintiff’s counsel $41,032.25.

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Case 2:19-cv-00715-SPC-MRM Document 30 Filed 01/07/22 Page 3 of 3 PageID 1766

c. The Clerk is directed to enter a judgment awarding $41,032.25
to Plaintiff’s counsel for attorney’s fees.
DONE and ORDERED in Fort Myers, Florida on January 7, 2022.

Copies: All Parties of Record

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