Wittneben v. Berryhill

Filing 25

ORDER ADOPTING MAGISTRATE JUDGE'S MEMORANDUM AND RECOMMENDATIONS. The Court APPROVES AND ADOPTS 24 Memorandum and Recommendations and GRANTS 23 Unopposed MOTION for Attorney Fees. (Signed by Judge George C Hanks, Jr) Parties notified.(dwilkerson, 3)

United States District Court
Southern District of Texas

ENTERED
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
GALVESTON DIVISION
KENNETH F. WITTNEBEN
Plaintiff.
VS.
ANDREW SAUL,1
COMMISSIONER OF THE SOCIAL
SECURITY ADMINISTRATION
Defendant.

§
§
§
§
§
§
§
§
§
§
§

August 09, 2019
David J. Bradley, Clerk

CIVIL ACTION NO. 3:18–CV–00174

ORDER ADOPTING MAGISTRATE JUDGE’S
MEMORANDUM AND RECOMMENDATION
On September 25, 2018, this case was referred to United States Magistrate Judge
Andrew M. Edison. Dkt. 11. On June 25, 2019, Judge Edison filed a Memorandum and
Recommendation (Dkt. 24) recommending that Plaintiff’s Counsel’s Unopposed Petition
for Attorney Fees Under the Equal Access to Justice Act (Dkt. 23) be GRANTED.
No objections have been filed to the Memorandum and Recommendation.
Accordingly, the Court reviews the Memorandum and Recommendation for plain error
on the face of the record. 28 U.S.C. § 636(b)(1); see also, FED. R. CIV. P. 72(b)(3).
Based on the pleadings, the record and the applicable law, the Court finds that
there is no plain error apparent from the face of the record. Accordingly, it is hereby
ORDERED AND ADJUDGED that:
1

On June 17, 2019, Andrew Saul became the Commissioner of Social Security
(“Commissioner”) and is automatically substituted as a party pursuant to Federal Rule of Civil
Procedures 25(d).

(1)

Judge Edison’s Memorandum and Recommendation (Dkt. 24) is
APPROVED AND ADOPTED in its entirety as the holding of the Court;

(2)

Plaintiff’s Counsel’s Unopposed Petition for Attorney Fees Under the
Equal Access to Justice Act (Dkt. 23) is GRANTED; and

(3)

Plaintiff Kenneth Wittneben is AWARDED $8,137.60 in attorney’s fees
and $400.00 reimbursable costs from the Judgment Fund.

It is so ORDERED.
SIGNED at Galveston, Texas, this 9th day of August, 2019.
___________________________________
George C. Hanks Jr.
United States District Judge

2