OWNBY v. ASTRUE

Filing 33

ORDER ADOPTING 32 REPORT AND RECOMMENDATION; granted 29 Motion for Attorney Fees. Signed by JUDGE RICHARD SMOAK on 2/19/2010. (sea)

IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF FLORIDA PANAMA CITY DIVISION

DOUGLAS R. OWNBY, Plaintiff, vs. MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant. __________________________________/ ORDER Before me is the Magistrate Judge's Report and Recommendation (Doc. 32). No objections have been filed. IT IS ORDERED: 1. The Magistrate Judge's Report and Recommendation is approved and incorporated in this Order. 2. Plaintiff's Motion For Attorney's Fees And Costs (Doc. 29) is granted as follows: (a) Plaintiff's counsel, Heather Freeman, is entitled to recover fees in the amount of $5,107.57 pursuant to 28 U.S.C. §2412 (EAJA) for representing Plaintiff before this court. The amount of attorney's fees and the hourly rates requested under the EAJA are reasonable, and the Commissioner is directed to pay Plaintiff's counsel that amount. CASE NO. 5:09cv10/RS-EMT

(b)

Costs in the amount of $350.00 for the filing fee are also awarded, which shall be paid from the Judgment Fund of the United States Treasury.

ORDERED on February 19, 2010.

/S/ Richard Smoak RICHARD SMOAK UNITED STATES DISTRICT JUDGE