Opinion
2:22-cv-432-JLB-KCD
07-23-2024
MARLO MARIE LUTZ, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.
ORDER
JOHN L. BADALAMENTI, UNITED STATES DISTRICT JUDGE
The Magistrate Judge has entered a Report and Recommendation, recommending that Plaintiff's Unopposed Motion for Attorney Fees pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412(d) (Doc. 33) be granted. (Doc. 34). No party has objected, and the time to do so has expired.
A district judge may accept, reject, or modify the magistrate judge's report and recommendation. 28 U.S.C. § 636(b)(1). The district judge must “make a de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made.” Id.
Here, after an independent review of the entire record, and noting that no objection has been filed, the Court finds that the thorough and well-reasoned Report and Recommendation is due to be adopted.
Accordingly, it is ORDERED that:
1. The Report and Recommendation (Doc. 34) is ADOPTED and made a part of this Order for all purposes.
2. Plaintiff's Unopposed Petition for EAJA Fees Pursuant to 28 U.S.C. § 2412(d) (Doc. 33) is GRANTED.
3. The Court awards Plaintiff $7,499.95 in attorney's fees and $402.00 in costs. If the United States Department of Treasury determines that Plaintiff does not owe a federal debt, the Government may pay the award directly to Plaintiff's counsel.
4. The Clerk of Court is DIRECTED to enter judgment in Plaintiff's favor accordingly.
SO ORDERED.