Opinion
2:20-cv-277-SPC-MRM
06-08-2021
ALTON W. CARTER, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.
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SHREPOLSTERCHAPPEL, UNITED STATES DISTRICT JUDGE
Before the Court is United States Magistrate Judge Mac R. McCoy's Report and Recommendation (“R&R”) (Doc. 28) on Plaintiff's Unopposed Petition for EAJA Fees Pursuant to 28 U.S.C. 2412(d) (Doc. 27). Judge McCoy recommends granting the Motion. Neither party timely objected, so the matter is ripe for review.
After conducting a careful and complete review of the findings and recommendations, a district judge may accept, reject, or modify the magistrate judge's R&R. See 28 U.S.C. § 636(b)(1); see also Williams v. Wainwright, 681 F.2d 732 (11th Cir. 1982). In the absence of specific objections, there is no requirement that a district judge review factual findings de novo, Garvey v. Vaughn, 993 F.2d 776, 779 n.9 (11th Cir. 1993), and the court may accept, reject, or modify, in whole or in part, the findings and recommendations, 28 U.S.C. § 636(b)(1)(C). The district judge reviews legal conclusions de novo, even in the absence of an objection. See Cooper-Houston v. Southern Ry. Co., 37 F.3d 603, 604 (11th Cir. 1994).
After careful consideration and an independent review of the file, the Court accepts and adopts the R&R (Doc. 28) in full.
Accordingly, it is now
ORDERED:
(1) The Report and Recommendation (Doc. 28) is ACCEPTED and ADOPTED and incorporated into this Order.
(2) Plaintiff's Unopposed Petition for EAJA Fees Pursuant to 28 U.S.C. 2412(d) (Doc. 27) is GRANTED.
a. Plaintiff is AWARDED $8, 224 in attorney's fees.
b. Plaintiff is AWARDED $400 in costs.
c. Plaintiff is AWARDED $21.15 in expenses d. If the United States Department of Treasury determines that Plaintiff does not owe a federal debt, the Government may pay these fees directly to Plaintiff's counsel.
(3) The Clerk is DIRECTED to enter judgment in favor of Plaintiff for $8, 224 in attorney's fees, $400 in costs, and $21.15 in expenses.
DONE and ORDERED.