Opinion
Case No: 2:17-cv-280-FtM-38CM
12-10-2018
EDWARD GRIFFIN, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.
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Before the Court is United States Magistrate Judge Carol Mirando's Report and Recommendation. (Doc. 25). Judge Mirando recommends granting Plaintiff Edward Griffin's Uncontested Petition for EAJA Fees. No party objects to the Report and Recommendation, and the time to do so has expired.
A district judge "may accept, reject, or modify in whole or in part, the findings or recommendations made by the magistrate judge." 28 U.S.C. § 636(b)(1). The district judge "shall make a de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made." Id. And "[t]he judge may also receive further evidence or recommit the matter to the magistrate judge with instructions." Id.
After examining the file independently, and upon considering Judge Mirando's findings and recommendations, the Court accepts and adopts the Report and Recommendation.
Accordingly, it is now
ORDERED:
(1) United States Magistrate Judge Carol Mirando's Report and Recommendation (Doc. 25) is ACCEPTED and ADOPTED and the findings incorporated herein.
(2) Plaintiff Edward Griffin's Uncontested Petition for EAJA Fees (Doc. 24) is GRANTED.
a. The Court AWARD attorney's fees for $7,197.74 to Plaintiff pursuant to 28 U.S.C. § 2412(d).
b. If the United States Department of the Treasury determines that Plaintiff does not owe a federal debt, the Government will accept Plaintiff's assignment of EAJA fees and pay fees directly to Plaintiff's counsel.
(3) The Clerk is DIRECTED to enter judgment for Plaintiff as to attorney's fees in the amount of $7,197.74 under 28 U.S.C. § 2412(d).
DONE and ORDERED in Fort Myers, Florida this 10th day of December 2018.
/s/ _________
SHERI POLSTER CHAPPELL
UNITED STATES DISTRICT JUDGE Copies: All Parties of Record