Opinion
2:19-cv-627-SPC-NPM
08-17-2021
PENNY LYNN SOUTH, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.
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SHERI POLSTER CHAPPELL, UNITED STATES DISTRICT JUDGE.
Before the Court is United States Magistrate Judge Nicholas P. Mizell's Report and Recommendation (“R&R”) (Doc. 35) on Plaintiff's Unopposed Petition for EAJA Fees Pursuant to 28 U.S.C. 2412(d) (Doc. 34). Judge Mizell recommends granting the Motion in part. Neither party timely 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 the magistrate judge's R&R. See 28 U.S.C. § 636(b)(1); see also Williams v. Wainwright, 681 F.2d 732 (11th Cir. 1982). In the absence of specific objections, there is no requirement that a district judge review factual findings de novo, Garvey v. Vaughn, 993 F.2d 776, 779 n.9 (11th Cir. 1993), and the court may accept, reject, or modify, in whole or in part, the findings and recommendations, 28 U.S.C. § 636(b)(1)(C). The district judge reviews legal conclusions de novo, even in the absence of an objection. See Cooper-Houston v. Southern Ry. Co., 37 F.3d 603, 604 (11th Cir. 1994).
After careful consideration and an independent review of the file, the Court accepts and adopts the R&R (Doc. 35) in full.
Accordingly, it is now
ORDERED:
1. The Report and Recommendation (Doc. 35) 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. 34) is GRANTED in part.
a. Plaintiff is AWARDED $8, 212.49 in attorney's fees.
b. Plaintiff is AWARDED $400 in costs.
c. Plaintiff is AWARDED $20.85 in expenses.
d. Plaintiff's request for paralegal fees is DENIED.
e. 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.
3. The Clerk is DIRECTED to enter judgment in favor of Plaintiff for $8, 212.49 in attorney's fees, $400 in costs, and $20.85 in expenses.
DONE and ORDERED.