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Acuna v. Comm'r of Soc. Sec.

United States District Court, Southern District of Texas
Sep 13, 2023
Civil Action 2:21-CV-00046 (S.D. Tex. Sep. 13, 2023)

Opinion

Civil Action 2:21-CV-00046

09-13-2023

GLORIA ANA ACUNA, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.


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.


Summaries of

Acuna v. Comm'r of Soc. Sec.

United States District Court, Southern District of Texas
Sep 13, 2023
Civil Action 2:21-CV-00046 (S.D. Tex. Sep. 13, 2023)
Case details for

Acuna v. Comm'r of Soc. Sec.

Case Details

Full title:GLORIA ANA ACUNA, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.

Court:United States District Court, Southern District of Texas

Date published: Sep 13, 2023

Citations

Civil Action 2:21-CV-00046 (S.D. Tex. Sep. 13, 2023)