Opinion
2:19-cv-715-SPC-MRM
01-07-2022
CHARLES EDWARD JAMES, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.
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SHERI POLSTERCHAPPED UNITED STATES DISTRICT JUDGE
Before the Court is United States Magistrate Judge Mac R. McCoy's Report and Recommendation (Doc. 29) on Plaintiff's Unopposed Motion for Attorney's Fees Pursuant to 42 U.S.C. § 406(b) (Doc. 26). Judge McCoy recommends granting the Motion. Neither party objects to the Report and Recommendation, and the time to do so has expired.
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 R&R de novo. See Garvey 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. Leasing Corp., 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 McCoy's findings and recommendations, the Court accepts and adopts the Report and Recommendation.
Accordingly, it is now
ORDERED:
1. The Report and Recommendation (Doc. 29) is ACCEPTED and ADOPTED and the findings incorporated herein.
2. Plaintiff's Unopposed Motion for Attorney's Fees Pursuant to 42 U.S.C. § 406(b) (Doc. 26) is GRANTED.
a. Plaintiff's counsel is awarded $41,032.25 in attorney's fees under 42 U.S.C. § 406(b)
b. The Commissioner of Social Security is directed to pay Plaintiff's counsel $41,032.25.
c. The Clerk is directed to enter a judgment awarding $41,032.25 to Plaintiffs counsel for attorney's fees.
DONE and ORDERED in Fort Myers, Florida.
Copies: All Parties of Record