Mancini v. Commissioner of Social Security

Filing 25

ORDER: The Report and Recommendation (24) is ADOPTED, and Plaintiff's unopposed motion for fees and costs under the EAJA is GRANTED (23). The Clerk is DIRECTED to enter a judgment as to attorney's fees, costs, and expenses in the amount of $8,841.79. See Order for details. Signed by Judge John L. Badalamenti on 6/7/2021. (VK)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
DIANE LYNN MANCINI,
Plaintiff,
v.

Case No. 2:19-cv-798-JLB-NPM

COMMISIONER OF SOCIAL SECURITY,
Defendant.

/
ORDER

The Magistrate Judge filed a Report and Recommendation (“R&R”) in this
matter on May 27, 2021, recommending that Plaintiff Diane Lynn Mancini’s
unopposed motion for fees, costs, and expenses under the Equal Access to Justice
Act (“EAJA”), 28 U.S.C. § 2412(d), be granted. (Docs. 23, 24.) A district judge may
accept, reject or modify the magistrate judge’s report and recommendation. 28
U.S.C. § 636(b)(1). In the absence of objections, a district judge is not required to
review the factual findings in the report de novo, but legal conclusions are reviewed
de novo even without an objection. Id.; Cooper-Houston v. Southern Ry. Co., 37
F.3d 603, 604 (11th Cir. 1994); Garvey v. Vaughn, 993 F.2d 776, 779 n.9 (11th Cir.
1993). After an independent review of the record—and noting that the motion is
unopposed—the Court agrees with the R&R.
Accordingly, it is ORDERED:
1.

The Report and Recommendation (Doc. 24) is ADOPTED, and Ms.
Mancini’s unopposed motion for fees and costs under the EAJA is

GRANTED. The Court awards Ms. Mancini $8,841.79 in fees, costs,
and mailing expenses pursuant to the EAJA. 28 U.S.C. § 2412(d).
2.

If the United States Department of the Treasury determines that Ms.
Mancini does not owe a federal debt, the Government will accept
Plaintiff's assignment of EAJA fees and pay fees directly to Ms.
Mancini’s counsel.

3.

The Clerk is directed to enter a judgment as to attorney's fees, costs,
and expenses in the amount of $8,841.79 under the EAJA. 28 U.S.C. §
2412(d).

ORDERED in Fort Myers, Florida, on June 7, 2021.

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