Opinion
2:21-cv-96-SPC-MCR
01-21-2022
TERESA GUIDRY, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.
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SHERIPOLSTER CHAPPELL UNITED STATES DISTRICT JUDGE
Before the Court is United States Magistrate Judge Monte C. Richardson's Report and Recommendation (“R&R”) (Doc. 36) on Plaintiff's Unopposed Petition for EAJA Fees Pursuant to 28 U.S.C. 2412(d) (Doc. 35). Judge Richardson recommends granting the Motion. Neither party 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, in whole or in part, ” the magistrate judge's R&R. 28 U.S.C. § 636(b)(1)(C). In the absence of specific objections, there is no requirement that a district judge review the 1 R&R de novo. SeeGarvey v. Vaughn, 993 F.2d 776, 779 n.9 (11th Cir. 1993). Instead, when parties don't object, a district court need only correct plain error as demanded by the interests of justice. See, e.g., Symonette v. V.A. LeasingCorp., 648 Fed.Appx. 787, 790 (11th Cir. 2016); Thomas v. Arn, 474 U.S. 140, 150-52 (1985). Plain error exists if (1) “an error occurred”; (2) “the error was plain”; (3) “it affected substantial rights”; and (4) “not correcting the error would seriously affect the fairness of the judicial proceedings.” Farley v.Nationwide Mut. Ins., 197 F.3d 1322, 1329 (11th Cir. 1999).
After examining the file independently and upon considering Judge Richardson's findings and recommendations, the Court accepts and adopts the R&R.
Accordingly, it is now
ORDERED:
1. The Report and Recommendation (Doc. 36) 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. 35) is GRANTED.
a. Plaintiff is AWARDED $8, 109.38 in attorney's fees.
b. 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.2
3. The Clerk is DIRECTED to enter judgment in favor of Plaintiff for $8, 109.38 in attorney's fees.
DONE and ORDERED. 3