Muchmore v. Commissioner of Social Security

Filing 28

ORDER: (1) The Report and Recommendation of the Magistrate Judge 27 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 Unopposed Motion for Award of Attorney's Fees Pursuant to the Equal Access to Justice Act ("EAJA"), 28 U.S.C. § 2412 26 is GRANTED. (3) Attorney's fees in the amount of $1,308.45 are awarded to Mr. Muchmore for the work performed under the EAJA. In light of Plaintiff's EAJA assignment, and Astrue v. Ratliff, 560 U.S. 586 (2010), the payment shall be made payable to Plaintiff and delivered to Plaintiff's counsel, unless Plaintiff does not owe a federal debt. If the United States Department of the Treasury determines that Plaintiff does not owe a federal debt, the government will accept Plaintiff's assignment of EAJA Fees and pay fees directly to Plaintiff's counsel. Signed by Judge Charlene Edwards Honeywell on 9/8/2020. (BGS)

Case 8:19-cv-01807-CEH-AAS Document 28 Filed 09/08/20 Page 1 of 2 PageID 783

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
ERIC MUCHMORE,
Plaintiff,
v.

Case No: 8:19-cv-1807-T-36AAS

COMMISSIONER OF SOCIAL
SECURITY,
Defendant.
/
ORDER
This cause comes before the Court upon the Report and Recommendation filed by
Magistrate Judge Amanda Arnold Sansone on August 11, 2020 (Doc. 27). In the Report and
Recommendation, Magistrate Judge Sansone recommends that Mr. Muchmore’s motion for
attorney’s fees under the Equal Access to Justice Act (Doc. 26) be GRANTED and that he be
awarded $1,308.45 in attorney’s fees. 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. 27) is adopted,
confirmed, and approved in all respects and is made a part of this Order for all
purposes, including appellate review.

Case 8:19-cv-01807-CEH-AAS Document 28 Filed 09/08/20 Page 2 of 2 PageID 784

(2)

Plaintiff’s Unopposed Motion for Award of Attorney’s Fees Pursuant to the Equal
Access to Justice Act (“EAJA”), 28 U.S.C. § 2412 (Doc. 26) is GRANTED.

(3)

Attorney’s fees in the amount of $1,308.45 are awarded to Mr. Muchmore for the work
performed under the EAJA. In light of Plaintiff’s EAJA assignment, and Astrue v.
Ratliff, 560 U.S. 586 (2010), the payment shall be made payable to Plaintiff and
delivered to Plaintiff’s counsel, unless Plaintiff does not owe a federal debt. If the
United States Department of the Treasury determines that Plaintiff does not owe a
federal debt, the government will accept Plaintiff’s assignment of EAJA Fees and pay
fees directly to Plaintiff’s counsel.

DONE AND ORDERED at Tampa, Florida on September 8, 2020.

Copies to:
The Honorable Amanda Arnold Sansone
Counsel of Record

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