Kelly v. Commissioner of Social Security

Filing 28

ORDER adopting 27 REPORT AND RECOMMENDATIONS re 26 Unopposed MOTION for Attorney Fees under the Equal Access to Justice Act filed by Arnold Andrew Kelly. The Unopposed Motion for Attorney's Fees (Doc. 26) is GRANTED. The Cler k is DIRECTED to enter judgment in favor of Plaintiff and against Defendant in the amount of $3,198.31 for attorney's fees. The Commissioner is DIRECTED to determine whether Plaintiff owes a debt to the government; if the United States Depa rtment of the Treasury determines that Plaintiff does not owe such a debt, the Government is DIRECTED to accept Plaintiff's assignment of EAJA fees and pay the fees to Plaintiff's counsel. Signed by Judge Paul G. Byron on 9/20/2017. (MMW)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION

ARNOLD ANDREW KELLY,
Plaintiff,
v.

Case No: 6:16-cv-1149-Orl-40MCR

COMMISSIONER OF SOCIAL
SECURITY,
Defendant.
/
ORDER
This cause is before the Court on Plaintiff's Unopposed Motion for Attorney's Fees
(Doc. 26) filed September 1, 2017. The United States Magistrate Judge has submitted a
report recommending that the motion be granted.
After an independent de novo review of the record in this matter, and noting that
no objections were timely filed, the Court agrees entirely with the findings of fact and
conclusions of law in the Report and Recommendation.
Therefore, it is ORDERED as follows:
1.

The Report and Recommendation filed September 5, 2017 (Doc. 27), is

ADOPTED and CONFIRMED and made a part of this Order.
2.

The Unopposed Motion for Attorney's Fees (Doc. 26) is GRANTED.

3.

The Clerk is DIRECTED to enter judgment in favor of Plaintiff and against

Defendant in the amount of $3,198.31 for attorney’s fees.
4.

The Commissioner is DIRECTED to determine whether Plaintiff owes a debt

to the government; if the United States Department of the Treasury determines that

Plaintiff does not owe such a debt, the Government is DIRECTED to accept Plaintiff’s
assignment of EAJA fees and pay the fees to Plaintiff’s counsel.
DONE AND ORDERED in Orlando, Florida on September 20, 2017.

Copies furnished to:
Counsel of Record
Unrepresented Parties

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