Barrett v. Commissioner of Social Security

Filing 32

ORDER ADOPTING REPORT AND RECOMMENDATIONS re 30 Motion for Attorney Fees, filed by Samantha Barrett, 31 Report and Recommendations, ; granting 30 Motion for Attorney Fees; Adopting 31 Report and Recommendations on 30 Motion for Attorney Fees, filed by Samantha Barrett, 31 Report and Recommendations, Signed by Judge Raag Singhal on 7/13/2021. See attached document for full details. (drz)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CASE NO.: 20-61135-CIV-SINGHAL/Valle
SAMANTHA BARRETT,
Plaintiff,
v.
COMMISSIONER OF SOCIAL SECURITY,
Defendant.
__________________________________________/
ORDER
THIS CAUSE is before the Court on the Plaintiff’s Unopposed Petition for
Attorney’s Fees Pursuant to the Equal Access to Justice Act, 28 U.C.S.A. Section 2412(d)
(DE [30]) and the Report and Recommendation on Plaintiff’s Unopposed Petition for
Attorney’s Fees (“Report & Recommendation”) (DE [31]). Under the Equal Access to
Justice Act, a court generally must award reasonable attorney’s fees to any party
prevailing in litigation against the United States, unless the United States’ position was
“substantially justified” or “special circumstances make an award unjust.” See 28 U.S.C.
§ 2412(d)(1)(A). Defendant does not oppose Plaintiff’s motion and does not dispute
Plaintiff is the prevailing party.

No objections to the magistrate judge’s Report &

Recommendation (DE [31]) have been filed, thus, the Court reviews the Report &
Recommendation (DE [31]) for clear error. See Fed. R. Civ. P. 72. The Report &
Recommendation (DE [31]) find Plaintiff’s request for attorney’s fees is reasonable. See
Norman v. Hous. Auth. of Montgomery, 836 F.2d 1292, 1299 (11th Cir. 1988).
Accordingly, it is hereby

ORDERED AND ADJUDGED that the magistrate judge’s Report and
Recommendation on Plaintiff’s Unopposed Petition for Attorney’s Fees (DE [31]) is
ADOPTED. Plaintiff’s Unopposed Petition for Attorney’s Fees Pursuant to the Equal
Access to Justice Act, 28 U.C.S.A. Section 2412(d) (DE [30]) is GRANTED. Plaintiff is
awarded a total of $4,810.67 in fees, to be paid to Plaintiff’s counsel once the U.S.
Department of the Treasury determines that Plaintiff owes no debt to the United States.
The Clerk of Court is directed to CLOSE this case and DENY AS MOOT any pending
motions.
DONE AND ORDERED in Chambers, Fort Lauderdale, Florida, this 13th day of
July 2021.

Copies furnished to counsel of record via CM/ECF

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