DAVENPORT v. ASTRUE

Filing 44

ORDER AWARDING ATTORNEY'S FEES. ACCEPTING 43 REPORT AND RECOMMENDATION. Granting 40 Motion for Attorney Fees. The Secretary must pay $15,263.88 as attorneys fees under the Social Security Act, but the plaintiffs attorney must refund to the plaintiff $4,816.63 received as fees under the Equal Access to Justice Act. Signed by JUDGE ROBERT L HINKLE on 8/23/12. (pll)

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Page 1 of 2 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA TALLAHASSEE DIVISION TIMOTHY K. DAVENPORT, Plaintiff, v. CASE NO. 4:08cv416-RH/CAS MICHAEL J. ASTRUE, Defendant. ___________________________/ ORDER AWARDING ATTORNEY’S FEES This case is before the court on the magistrate judge’s second report and recommendation, ECF No. 43. No objections have been filed. Upon consideration, IT IS ORDERED: The report and recommendation is ACCEPTED and adopted as the court’s opinion. The plaintiff’s motion for attorney’s fees, ECF No. 40, is GRANTED. The Secretary must pay $15,263.88 as attorney’s fees under the Social Security Act, but the plaintiff’s attorney must refund to the plaintiff $4,816.63 received as Case No. 4:08cv416-RH/CAS Page 2 of 2 fees under the Equal Access to Justice Act. SO ORDERED on August 23, 2012. s/Robert L. Hinkle United States District Judge Case No. 4:08cv416-RH/CAS

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