Opinion
8:21-cv-945-WFJ-CPT
01-18-2022
TIMOTHY MICHAEL GENTRY, Plaintiff, v. KILOLO KIJAKAZI, Acting Commissioner of Social Security, Defendant.
ORDER
WILLIAM F. JUNG, UNITED STATES DISTRICT JUDGE.
Before the Court is Plaintiff's timely unopposed motion for attorneys' fees and costs pursuant to 28 U.S.C. § 2412(d) of the Equal Access to Justice Act (“EAJA”) and 31 U.S.C. § 1304 with attached exhibits (Dkt. 19) and the well-reasoned report issued by United States Magistrate Judge Tuite recommending fees be granted (Dkt. 20). Plaintiff represents that the Commissioner has no objections. Dkt. 19-6. After an independent review of the file, the Court ORDERS as follows:
1. The Report and Recommendation (Dkt. 20) is adopted, affirmed, and approved in all respects and is made a part of this order for all purposes.
2. The uncontested motion for fees and costs pursuant to the EAJA and 31 U.S.C. § 1304 (Dkt. 19) is granted.
3. Plaintiff, as the prevailing party, is awarded appropriate and reasonable attorneys' fees in the amount of $995.21 and costs in the amount of $402. If the United States Department of Treasury determines that Plaintiff does not owe a federal debt, then pursuant to Plaintiffs assignment of fees to Plaintiff's counsel (Dkt. 19-5) and Astrue v. Ratliff, 560 U.S. 586 (2010), the fees may be paid directly to Plaintiffs counsel.
4. The Clerk of Court shall enter a judgment for attorneys' fees of $995.21 and costs of $402 in favor of Plaintiff and against Defendant in the total amount of $1,397.21.
DONE AND ORDERED.