Stokes v. Commissioner of Social Security
ORDER ADOPTING REPORT AND RECOMMENDATIONS re 26 Motion for Attorney Fees filed by Rosely Altagracia Stokes, 29 Report and Recommendations ; granting 26 Motion for Attorney Fees; Adopting 29 Report and Recommendations on 26 Motion for Attorney Fees filed by Rosely Altagracia Stokes, 29 Report and Recommendations. Signed by Judge Raag Singhal on 7/16/2021. See attached document for full details. (drz)
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CASE NO.: 20-61485-SINGHAL/Valle
ROSELY ALTAGRACIA STOKES,
COMMISSIONER OF SOCIAL SECURITY,
THIS CAUSE is before the Court on the Plaintiff’s Unopposed Motion for Attorney’s
Fees Pursuant to the Equal Access to Justice Act (DE ) and the Report and
Recommendation on Plaintiff’s Unopposed Motion for Attorney’s Fees (“Report &
Recommendation”) (DE ). 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 ) have been filed,
thus, the Court reviews the Report & Recommendation (DE ) for clear error. See Fed.
R. Civ. P. 72. The Report & Recommendation (DE ) finds 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 ) is
ADOPTED. Plaintiff’s Unopposed Motion for Attorney’s Fees Pursuant to the Equal
Access to Justice Act (DE ) is GRANTED. Plaintiff is awarded a total of $8,415.09 in
fees and $400 in costs, 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 16th day of
Copies furnished to counsel of record via CM/ECF
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