Martinez v. Commissioner of Social Security et al

Filing 24

ORDER adopting 23 Report and Recommendation; granting 22 Richard A. Culbertson's Unopposed Request for Authorization to Charge a Reasonable Fee. Signed by Judge Marcia Morales Howard on 10/8/2015. (JW)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
JACKSONVILLE DIVISION

EUGENE ALLEN MARTINEZ,
Plaintiff,
vs.

Case No. 3:13-cv-1321-J-34PDB

CAROLYN W. COLVIN, Acting
Commissioner of the Social Security
Administration,
Defendant.
_____________________________________/

ORDER

THIS CAUSE is before the Court on Magistrate Judge Patricia D. Barksdale’s Report
and Recommendation (Dkt. No. 23; Report), entered on June 26, 2015. In the Report,
Magistrate Judge Barksdale recommends that Richard A. Culbertson’s Unopposed Request
for Authorization to Charge a Reasonable Fee (Dkt. No. 22) be granted. See Report at 7.
No objections to the Report have been filed, and the time for doing so has now passed.
The Court “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). If no specific
objections to findings of facts are filed, the district court is not required to conduct a de novo
review of those findings. See Garvey v. Vaughn, 993 F.2d 776, 779 n.9 (11th Cir. 1993);
see also 28 U.S.C. § 636(b)(1). However, the district court must review legal conclusions
de novo. See Cooper-Houston v. Southern Ry. Co., 37 F.3d 603, 604 (11th Cir. 1994);

United States v. Rice, No. 2:07-mc-8-FtM-29SPC, 2007 WL 1428615, at * 1 (M.D. Fla. May
14, 2007).
Upon independent review of the file and for the reasons stated in the Magistrate
Judge’s Report, the Court will accept and adopt the legal and factual conclusions
recommended by the Magistrate Judge. Accordingly, it is hereby ORDERED:
1.

The Magistrate Judge’s Report and Recommendation (Dkt. No. 23) is

ADOPTED as the opinion of the Court.
2.

Richard A. Culbertson’s Unopposed Request for Authorization to Charge a

Reasonable Fee (Dkt. No. 22) is GRANTED.
3.

Mr. Culbertson is authorized to charge Eugene Allen Martinez $8587.53 out

of his past due benefits award for Mr. Culbertson’s successful representation of him in this
case.
4.

The Clerk of the Court is directed to enter judgment accordingly, and close the

file.
DONE AND ORDERED in Jacksonville, Florida, this 8th day of October, 2015.

ja
Copies to:
The Honorable Patricia D. Barksdale
United States Magistrate Judge
Counsel of Record