Kearnes v. Berryhill

Filing 24

ORDER ADOPTING 23 Memorandum and Recommendations GRANTING 20 MOTION for Attorney Fees. (Signed by Judge Gray H Miller) Parties notified.(rkonieczny, 4)

United States District Court

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION

Southern District of Texas

ENTERED
May 21, 2019
David J. Bradley, Clerk

BRIAN D. KEARNES,

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Plaintiff,
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v.
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NANCY A. BERRYHILL, ACTING COMMISSIONER §
OF THE SOCIAL SECURITY ADMINISTRATION,
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Defendant.
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CIVIL ACTION H-17-2251

ORDER
Pending before the court is a memorandum and recommendation (“M&R”) from the
Magistrate Judge, who recommends granting plaintiff Brian D. Kearnes’s motion for attorneys’ fees.
Dkt. 23. The Magistrate Judge recommends, specifically, that fees in the amount of $8,263.67 be
awarded to Kearnes under the Equal Access to Justice Act. See id. Neither party filed objections
to the M&R. Having reviewed the M&R, related documents, and the applicable law, the court is of
the opinion that there is no clear error and that the M&R should be adopted. See Fed. R. Civ. P. 72,
Advisory Committee Notes (“When no timely objection is filed, the court need only satisfy itself that
there is no clear error on the face of the record in order to accept the recommendation.”).
Accordingly, the M&R (Dkt. 23) is ADOPTED IN FULL. Kearnes’s motion for attorneys’ fees
(Dkt. 20) is GRANTED. Kearnes is AWARDED attorneys’ fees as set forth in the M&R.
Signed at Houston, Texas on May 21, 2019.

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Gray H. Miller
Senior United States District Judge