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Saxon v. Kijakazi

United States District Court, Southern District of Florida
Apr 5, 2022
21-14204-CIV-CANN/Maynard (S.D. Fla. Apr. 5, 2022)

Opinion

21-14204-CIV-CANN/Maynard

04-05-2022

JOSEPH SAXON, Plaintiff, v. KILOLO KIJAKAZI, Acting Commissioner of Social Security, Defendant.


ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION

THIS CAUSE comes before the Court upon the Magistrate Judge's Report and Recommendation regarding Plaintiff's Consent Motion and Petition for Attorney's Fees Under the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412(d) (“Motion for Attorney's Fees”) [ECF No. 23].

On May 12, 2021, the Court referred this case to Magistrate Judge Shaniek M. Maynard for a ruling on all pre-trial, non-dispositive matters and for a Report and Recommendation on any dispositive matter [ECF No. 2]. On March 15, 2022, Plaintiff filed a Motion for Attorney's Fees [ECF No. 23]. On March 16, 2022, Judge Maynard issued a Report recommending that Plaintiff's Motion for Attorneys' Fees be granted [ECF No. 24 p. 6].

The Report and Recommendation states that the parties shall file any objections within fourteen days of the date of service of a copy of the Report and Recommendation [ECF No. 24 p. 6]. To date, neither party has filed an objection, and the time to do so has expired.

The Court has reviewed the record in this case and is otherwise fully advised in the premises. Upon review, the Court finds the Report and Recommendation to be well reasoned and correct. The Court therefore agrees with the analysis in the Report and Recommendation and concludes that Plaintiffs Motion for Attorneys' Fees should be GRANTED for the reasons set forth therein.

Accordingly, it is ORDERED and ADJUDGED as follows:

1. The Report and Recommendation [ECF No. 24] is ADOPTED.
2. Plaintiffs Motion for Attorney's Fees [ECF No. 23] is GRANTED.
3. Plaintiff is awarded $6, 526.20 in attorney fees and $402.00 in reimbursable expenses to be paid to Plaintiff and sent to Plaintiffs counsel's office after the Commissioner determines if Plaintiff owes any federal debt.


Summaries of

Saxon v. Kijakazi

United States District Court, Southern District of Florida
Apr 5, 2022
21-14204-CIV-CANN/Maynard (S.D. Fla. Apr. 5, 2022)
Case details for

Saxon v. Kijakazi

Case Details

Full title:JOSEPH SAXON, Plaintiff, v. KILOLO KIJAKAZI, Acting Commissioner of Social…

Court:United States District Court, Southern District of Florida

Date published: Apr 5, 2022

Citations

21-14204-CIV-CANN/Maynard (S.D. Fla. Apr. 5, 2022)

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