Ertel v. Commissioner of Social Security

Filing 31

ORDER: The Report and Recommendation (Doc. # 29) is ACCEPTED and ADOPTED. Plaintiff's Unopposed Motion for Attorney's Fees Under 42 U.S.C. § 406(b) (Doc. # 28) is GRANTED. Plaintiff's counsel should be awarded $7,308.09 in attorney's fees. The Clerk is directed to enter judgment accordingly. Signed by Judge Virginia M. Hernandez Covington on 8/2/2022. (JW)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
SHERRY ERTEL,
Plaintiff,
v.

Case No. 8:19-cv-1003-VMC-SPF

Commissioner of Social Security,
Defendant.
______________________________/
ORDER
This matter is before the Court on consideration of
United

States

Recommendation

Magistrate
(Doc.

#

Sean

29),

P.

filed

Flynn’s
on

Report

June

17,

and
2022,

recommending that Plaintiff’s Unopposed Motion for Attorney’s
Fees Under 42 U.S.C. § 406(b) (Doc. # 28) be granted. The
Court accepts and adopts the Report and Recommendation and
grants the Motion.
Discussion
After conducting a careful and complete review of the
findings and recommendations, a district judge may accept,
reject

or

modify

recommendation.

28

the

magistrate

U.S.C.

§

judge’s

636(b)(1);

report

and

Williams

v.

Wainwright, 681 F.2d 732 (11th Cir. 1982). In the absence of
specific objections, there is no requirement that a district

1

judge review the factual findings de novo, Garvey v. Vaughn,
993 F.2d 776, 779 n.9 (11th Cir. 1993), and the court may
accept, reject or modify, in whole or in part, the findings
and recommendation. 28 U.S.C. § 636(b)(1)(C). The district
judge reviews legal conclusions de novo, even in the absence
of an objection. See Cooper-Houston v. S. Ry. Co., 37 F.3d
603, 604 (11th Cir. 1994); Castro Bobadilla v. Reno, 826 F.
Supp. 1428, 1431-32 (S.D. Fla. 1993), aff’d, 28 F.3d 116 (11th
Cir. 1994).
After conducting a careful and complete review of the
findings, conclusions and recommendations, and giving de novo
review to matters of law, the Court accepts the factual
findings and legal conclusions of the magistrate judge.
Accordingly, it is now
ORDERED, ADJUDGED, and DECREED:
(1)

The Report and Recommendation (Doc. # 29) is ACCEPTED
and ADOPTED.

(2)

Plaintiff’s Unopposed Motion for Attorney’s Fees Under
42 U.S.C. § 406(b) (Doc. # 28) is GRANTED.

(3)

Plaintiff’s

counsel

should

be

awarded

$7,308.09

attorney’s fees.
(4)

The Clerk is directed to enter judgment accordingly.

2

in

DONE and ORDERED in Chambers in Tampa, Florida, this 2nd
day of August, 2022.

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