Opinion
CIVIL ACTION NO. 3:18-CV-00174
08-09-2019
KENNETH F. WITTNEBEN Plaintiff. v. ANDREW SAUL, COMMISSIONER OF THE SOCIAL SECURITY ADMINISTRATION Defendant.
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) 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.
/s/_________
George C. Hanks Jr.
United States District Judge