PRETTO v. ASTRUE

Filing 31

ORDER ADOPTING the 30 Report and Recommendation. Plaintiff's 28 Motion for Attorney Fees is GRANTED (see order). Signed by SENIOR JUDGE LACEY A COLLIER on 10/14/2009. (djb)

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA PENSACOLA DIVISION TEBRA PRETTO, Plaintiff, vs. MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant. ___________________________________/ Case No.: 3:08cv397/LAC/EMT

ORDER This cause comes on for consideration upon the magistrate judge's Report and Recommendation dated September 10, 2009 (Doc. 30). 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). No objections have been filed. Having considered the Report and Recommendation, 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 Under the Equal Access to Justice Act (Doc. 28) is GRANTED as follows:

Plaintiff's counsel, John M. Pennington, Esquire, is entitled to recover fees in the amount of $2,521.73, 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;

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and the Commissioner is directed to pay counsel that amount. DONE AND ORDERED this 14th day of October, 2009.

s /L .A . Collier LACEY A. COLLIER SENIOR UNITED STATES DISTRICT JUDGE

Case No: 3:08cv397/LAC/EMT