Opinion
Civil Action 2:21-CV-00010
01-03-2023
MICHELLE DIANE CAMPBELL, Plaintiff, v. ANDREW M. SAUL[1], Defendant.
ORDER ADOPTING MEMORANDUM AND RECOMMENDATION
NELVA GONZALES RAMOS UNITED STATES DISTRICT JUDGE
On December 5, 2022, United States Magistrate Judge Julie K. Hampton issued a “Memorandum and Recommendation” (M&R, D.E. 25), recommending that the Court grant Plaintiff's unopposed application for Equal Access to Justice Act (EAJA) fees. 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 and conclusions of law set forth in the Magistrate Judge's M&R (D.E. 25), 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. Accordingly, the Application for EAJA fees (D.E. 23) is GRANTED and Campbell's attorney of record is awarded the sum of $9,450 in attorney's fees pursuant to the EAJA and is reimbursed $402 in costs. In accordance with Astrue v. Ratliff, 560 U.S. 586, 591-98 (2010), the attorney fee award shall be made payable to Plaintiff, Michelle Diane Campbell, and mailed in care of her attorney, David F. Chermol, Chermol & Fishman LLC, 11450 Bustleton Avenue, Philadelphia, PA 19116.