WATKINS v. ASTRUE

Filing 32

ORDER ADOPTING REPORT AND RECOMMENDATION - re 31 . - - Pla's Motion for Attorney Fees and Costs 27 is Granted as outlined in order (see image). - - - Signed by SENIOR JUDGE ROGER VINSON on January 20, 2010. (cbj)

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA PENSACOLA DIVISION MILTON R. WATKINS, Plaintiff, vs. MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant. ____________________________/ ORDER This cause comes on for consideration upon the magistrate judge's Report and Recommendation dated December 17, 2009 (Doc. 31). The parties have been furnished a copy of the Report and Recommendation and have been afforded an opportunity to file objections pursuant to Title 28, United States Code, Section 636(b)(1). I have made a de novo determination of all timely filed objections. Having considered the Report and Recommendation, and any timely filed objections thereto timely filed, I have determined that the Report and Recommendation should be adopted. Accordingly, it is now ORDERED as follows: 1. The magistrate judge's Report and Recommendation is adopted and incorporated by reference in this order. 2. Plaintiff's Motion For Attorney Fees and Costs (Doc. 27) is GRANTED as follows: Plaintiff's counsel, Byron A. Lassiter, Esquire, is entitled to recover fees and expenses in the amount of $3,233.90 for representing Plaintiff before the United States District Court for the Northern District of Florida pursuant to 28 U.S.C. § 2412 (EAJA); the amount of attorney fees and hourly rates requested under the EAJA are reasonable; and the Commissioner is directed to pay counsel that amount. Costs in the amount of $350.00 are also awarded, to be paid from the Judgment Fund of the United States Treasury. DONE AND ORDERED this 20th day of January 2010. /s/ Roger Vinson ROGER VINSON SENIOR UNITED STATES DISTRICT JUDGE Case No.: 3:08cv255/RV/EMT