Opinion
Case No: 1:05cv153/MMP/EMT.
December 8, 2008
REPORT AND RECOMMENDATION
This action was initiated under the Social Security Act to obtain judicial review of a final decision of the Commissioner of the Social Security Administration ("Commissioner") denying Plaintiff's claim for benefits ( see Doc. 1). The case was subsequently remanded to the Commissioner upon motion by the Defendant for further administrative proceedings (Docs. 20-22). Upon remand, Plaintiff was found eligible for benefits in a favorable Administrative Law Judge decision dated November 26, 2008 ( see Doc. 55 at 1).
The Commissioner now moves for the entry of a final judgment pursuant to Rule 58 of the Federal Rules of Civil Procedure, noting that the "[e]ntry of final judgment will begin the appeal period which determines the 30-day period during which a timely application for attorney fees may be made under the Equal Access to Justice Act (EAJA)" ( id.). The Commissioner has certified that Plaintiff has no objection to the instant motion ( id. at 2). Good cause having been shown, it is the recommendation of the undersigned that the Commissioner's motion be granted.
In view of the foregoing, it is respectfully RECOMMENDED that:
1. Defendant's Motion for Final Judgment pursuant to Rule 58 of the Federal Rules of Civil Procedure (Doc. 55) be GRANTED.
2. The clerk be directed to enter final judgment.
NOTICE TO THE PARTIES
Any objections to these proposed recommendations must be filed within ten days after being served a copy hereof. Any different deadline that may appear on the electronic docket is for the court's internal use only, and does not control . A copy of any objections shall be served upon any other parties. Failure to object may limit the scope of appellate review of factual findings. See 28 U.S.C. § 636; United States v. Roberts , 858 F.2d 698, 701 (11th Cir. 1988).