Ortiz v. Commissioner of Social Security

Filing 25

ORDER adopting 24 Report and Recommendation of the Magistrate Judge. (1)The Report and Recommendation of the Magistrate Judge is adopted, confirmed, and approved in all respects and is made a part of this Order for all purposes, including appella te review. (2) Plaintiff's Uncontested Petition for Attorney's Fees, pursuant to the Equal Access to Justice Act, 28 U.S.C. Section 2412(d) 23 is GRANTED. (3) Finding the number of hours and hourly rate to be reasonable, Plaintiff is hereby award attorney's fees in the amount of $2,962.29 to be paid out of the judgment fund and to Plaintiff's counsel if the Commissioner determines Plaintiff does not owe a debt to the Government. (4) The Clerk is directed to enter a Judgment in favor of Plaintiff awarding attorney's fees in the amount of $2,962.29. Signed by Judge Charlene Edwards Honeywell on 9/9/2014. (BGS)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION
DESIREE SANTANA ORTIZ,
Plaintiff,
v.

Case No: 6:13-cv-763-Orl-36TBS

COMMISSIONER OF SOCIAL
SECURITY,
Defendant.
/
ORDER
This cause comes before the Court upon the Report and Recommendation filed by
Magistrate Judge Thomas B. Smith on August 4, 2014 (Doc. 24).

In the Report and

Recommendation, Magistrate Judge Smith recommends that the Court grant Plaintiff's unopposed
petition for attorney's fees (Doc. 23) and award attorney's fees in the amount of $2,962.29 to be
paid out of the judgment fund and to Plaintiff's counsel if the Commissioner determines Plaintiff
does not owe a debt to the Government. All parties were furnished copies of the Report and
Recommendation and were afforded the opportunity to file objections pursuant to 28 U.S.C. §
636(b)(1).

No such objections were filed.

Upon consideration of the Report and

Recommendation, and upon this Court's independent examination of the file, it is determined that
the Report and Recommendation should be adopted. Accordingly, it is now
ORDERED AND ADJUDGED:
(1)

The Report and Recommendation of the Magistrate Judge (Doc. 24) is adopted,
confirmed, and approved in all respects and is made a part of this Order for all
purposes, including appellate review.

(2)

Plaintiff’s Uncontested Petition for Attorney’s Fees, pursuant to the Equal Access
to Justice Act, 28 U.S.C. Section 2412(d) (Doc. 23) is GRANTED.

(3)

Finding the number of hours and hourly rate to be reasonable, Plaintiff is hereby
award attorney's fees in the amount of $2,962.29 to be paid out of the judgment
fund and to Plaintiff's counsel if the Commissioner determines Plaintiff does not
owe a debt to the Government.

(4)

The Clerk is directed to enter a Judgment in favor of Plaintiff awarding attorney’s
fees in the amount of $2,962.29.

DONE AND ORDERED at Tampa, Florida on September 9, 2014.

Copies to:
The Honorable Thomas B. Smith
Counsel of Record

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