Summary
noting that " number of courts have denied EAJA fee awards irrespective of a sentence four remand of a Social Security disability appeal"
Summary of this case from Simpson v. ColvinOpinion
Case No.: 8:07-cv-01485-T-24-TEM.
August 9, 2010
Joel B. Fein, Law Office of Joel B. Fein, Brandon, FL, for Plaintiff.
Susan R. Waldron, U.S. Attorney's Office, Tampa, FL, for Defendant.
ORDER ADOPTING REPORT RECOMMENDATION
This cause comes before the Court for consideration of the Magistrate Judge's Report and Recommendation of Plaintiff Denise Molina's motion for attorney's fees under the Equal Access to Justice Act. (Docs. 31, 29.) The Commissioner of Social Security opposed Molina's motion. (Doc. 30.)
On July 19, 2010, Magistrate Judge Thomas E. Morris filed his Report and Recommendation, recommending that the Court deny Molina's motion for attorney's fees. The Magistrate Judge recommended that the motion be denied because the Commissioner of Social Security was substantially justified in his position to defend the case. (Doc. 31.)
All parties received copies of the Report and Recommendation on July 19, 2010, and had the opportunity to file objections within 14 days, pursuant to 28 U.S.C. § 636(b)(1) and Federal Rule of Civil Procedure 72(b). Twenty-one days have passed, and no objections have been filed. Upon consideration of the Report and Recommendation, and upon this Court's independent examination of the file, it is determined that the Report and Recommendation should be adopted.
Therefore, it is now ORDERED that:
(1) The Magistrate Judge's Report and Recommendation (Doc. 31) is adopted and incorporated by reference in this Order of the Court.
(2) The motion for attorney's fees (Doc. 29) is DENIED.