Opinion
Civil Action 2:21-CV-00046
09-13-2023
ORDER ADOPTING MEMORANDUM AND RECOMMENDATION
NELVA GONZALES RAMOS UNITED STATES DISTRICT JUDGE
Before the Court is a motion by Plaintiff's attorney, Melissa Palmer, for attorney's fees. D.E. 21. On August 9, 2023, Magistrate Judge Julie K. Hampton issued a Memorandum and Recommendation (M&R) recommending that Palmer's motion be granted and that she be awarded $7,200 in attorney's fees pursuant to 42 U.S.C. § 406(b). D.E. 23. The parties were provided proper notice of, and opportunity to object to, the Magistrate Judge's M&R. Fed.R.Civ.P. 72(b); 28 U.S.C. § 636(b)(1); General Order No. 2002-13. No objections have been timely filed.
When no timely objection to a magistrate judge's M&R is filed, the district court need only satisfy itself that there is no clear error on the face of the record and accept the magistrate judge's M&R. Guillory v. PPG Indus., Inc., 434 F.3d 303, 308 (5th Cir. 2005) (citing Douglass v. United Servs. Auto Ass'n, 79 F.3d 1415, 1420 (5th Cir. 1996)). Having reviewed the findings of fact, conclusions of law, and recommendations set forth in the Magistrate Judge's M&R, and all other relevant documents in the record, and finding no clear error, the Court ADOPTS as its own the findings and conclusions of the Magistrate Judge. Therefore, Palmer's motion for attorney's fees is GRANTED. The Court ORDERS that an award of $7,200 be paid to Melissa Palmer out of Plaintiff's past-due benefits pursuant to 42 U.S.C. § 406(b). Additionally, the Court ORDERS Palmer to refund to her client, Gloria Ana Acuna, the $1,152.29 she previously received under the Equal Access to Justice Act.
ORDERED.