Blakely v. Commissioner of Social Security

Filing 24

ORDER granting 21 Unopposed Request for Authorization to Charge a Reasonable Fee; adopting Report and Recommendations re 22 Report and Recommendations. Signed by Judge Roy B. Dalton, Jr. on 2/11/2020. (BIA)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION
SARAH BLAKELY,
Plaintiff,
v.

Case No. 6:16-cv-987-Orl-37GJK

COMMISSIONER OF SOCIAL
SECURITY,
Defendant.
_____________________________________
ORDER
Plaintiff’s attorney, Richard A. Culbertson (“Culbertson”), filed an unopposed
request for authorization to charge Plaintiff attorney’s fees. (Doc. 21 (“Motion”).)
Culbertson seeks $3,440.43, equaling 25% of Plaintiff’s past-due benefits per a
contingency agreement, minus the Equal Access to Justice Act fees awarded. (Id. ¶¶ 1, 3.)
On referral, United States Magistrate David A. Baker recommends granting the Motion.
(Doc. 22 (“R&R”).)
The parties filed a joint notice of no objection to the R&R. (Doc. 23.) Absent
objection, the Court has examined the R&R only for clear error. See Wiand v. Wells Fargo
Bank, N.A., No. 8:12-cv-557-T-27EAJ, 2016 WL 355490, at *1 (M.D. Fla. Jan 28, 2016); see
also Macort v. Prem, Inc., 208 F. App’x 781, 784 (11th Cir. 2006). Finding no such error, the
Court finds that the R&R is due to be adopted in its entirety.
Accordingly, it is ORDERED AND ADJUDGED as follows:
1.

U.S. Magistrate Judge David A. Baker’s Report and Recommendation
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(Doc. 22) is ADOPTED, CONFIRMED, and made a part of this Order.
2.

Richard A. Culbertson’s Unopposed Request for Authorization to Charge a
Reasonable Fee (Doc. 21) is GRANTED.

3.

Richard A. Culbertson is AUTHORIZED to charge Plaintiff Sarah Blakely
$3,440.43 in attorney’s fees.

4.

The Clerk is DIRECTED to close the file.

DONE AND ORDERED in Chambers in Orlando, Florida, on February 11, 2020.

Copies to:
Counsel of Record

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