Opinion
2:21-cv-154-SPC-NPM
09-14-2022
DEANNA JOY STRATTON, 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. 29). Judge Mizell recommends granting Plaintiff Deanna Joy Stratton's Motion for an Award of Attorney's Fees Under the Equal Access to Justice Act (Doc. 28). No party objects to the Report and Recommendation, and the time to do so has expired. So the R&R is ripe for review.
After conducting a careful and complete review of the findings and recommendations, a district judge “may accept, reject, or modify, in whole or in part,” a magistrate judge's R&R. 28 U.S.C. § 636(b)(1)(C). In the absence of specific objections, there is no requirement that a district judge review the R&R de novo. See Garvey v. Vaughn, 993 F.2d 776, 779 n.9 (11th Cir. 1993). Instead, when parties don't object, a district court need only correct plain error as demanded by the interests of justice. See, e.g., Symonette v. V.A. Leasing Corp., 648 Fed.Appx. 787, 790 (11th Cir. 2016); Thomas v. Arn, 474 U.S. 140, 150-52 (1985). Plain error exists if (1) “an error occurred”; (2) “the error was plain”; (3) “it affected substantial rights”; and (4) “not correcting the error would seriously affect the fairness of the judicial proceedings.” Farley v. Nationwide Mut. Ins., 197 F.3d 1322, 1329 (11th Cir. 1999).
After careful consideration and an independent review of the case, the Court finds no plain error. So it accepts and adopts the R&R in full.
Accordingly, it is now
ORDERED:
United States Magistrate Judge Nicholas P. Mizell's Report and Recommendation (Doc. 29) is ACCEPTED and ADOPTED, and the findings incorporated herein.
1. Plaintiff Deanna Joy Stratton's Motion for an Award of Attorney's Fees Under the Equal Access to Justice Act (Doc. 28) is GRANTED.
2. The Clerk is DIRECTED to amend the judgment to include an award to Plaintiff Deanna Joy Stratton of $6,526.20 for attorney's fees. This award may be paid directly to Plaintiff's counsel if the United States Department of Treasury determines that no federal debt is owed by Stratton.
DONE and ORDERED