Clarke v. Commissioner of Social Security

Filing 31

ORDER adopting 29 REPORT AND RECOMMENDATIONS re 28 Unopposed MOTION for Attorney Fees Pursuant to EAJA filed by Angieannia K. Clarke. The Unopposed Motion for Award of Attorney Fees Pursuant to the Equal Access to Justice Act 28 U .S.C. §2412(d) (Doc. 28) is GRANTED only to the extent that the Court awards EAJA attorney's fees to Plaintiff, as the prevailing party, in the sum of $6,492.75. The motion is otherwise DENIED. Signed by Judge Paul G. Byron on 5/11/2018. (MMW)

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UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA ORLANDO DIVISION ANGIEANNIA K. CLARKE, Plaintiff, v. Case No: 6:17-cv-616-Orl-40GJK COMMISSIONER OF SOCIAL SECURITY, Defendant. / ORDER This cause is before the Court on the parties’ Unopposed Motion for Award of Attorney Fees Pursuant to the Equal Access to Justice Act 28 U.S.C. §2412(d) (Doc. 28) filed on May 3, 2018. The United States Magistrate Judge has submitted a report recommending that the motion be granted in part and denied in part. After an independent de novo review of the record in this matter, and noting that a Joint Notice of No Objection to Report and Recommendation (Doc. 30) was 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 May 10, 2018 (Doc. 29), is ADOPTED and CONFIRMED and made a part of this Order. 2. The Unopposed Motion for Award of Attorney Fees Pursuant to the Equal Access to Justice Act 28 U.S.C. 2412(d) (Doc. 28) is GRANTED IN PART AND DENIED IN PART. 3. The Unopposed Motion for Award of Attorney Fees Pursuant to the Equal Access to Justice Act 28 U.S.C. §2412(d) (Doc. 28) is GRANTED only to the extent that the Court awards EAJA attorney’s fees to Plaintiff, as the prevailing party, in the sum of $6,492.75. The motion is otherwise DENIED. DONE AND ORDERED in Orlando, Florida on May 11, 2018. Copies furnished to: Counsel of Record Unrepresented Parties 2

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