Opinion
Case No: 2:17-cv-324-FtM-38CM
11-27-2018
JENNIFER L. WHALEY, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.
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Before the Court is United States Magistrate Judge Carol Mirando's Report and Recommendation. (Doc. 27). Judge Mirando recommends that Plaintiff Jennifer Whaley's Uncontested Petition for Equal Access to Justice Act Fees Pursuant to 28 U.S.C. § 2412(d) be granted. (Doc. 27). No party has objected to the Report and Recommendation, and the period to do so has lapsed. This 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 report and recommendation. 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 independently examining the file and on consideration of Judge Mirando's findings and recommendation, the Court accepts and adopts the Report and Recommendation.
Accordingly, it is now
ORDERED:
1. The Report and Recommendation (Doc. 27) is ACCEPTED and ADOPTED and the findings incorporated herein.
2. Plaintiff Jennifer Whaley's Uncontested Petition for Equal Access to Justice Act Fees Pursuant to 28 U.S.C. § 2412(d) (Doc. 26) is GRANTED
a. Attorney's fees in the total amount of $7,909.87 are awarded to Plaintiff pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412(d); and
b. If the United States Department of the Treasury determines that Plaintiff does not owe a federal debt, the Government accept Plaintiff's assignment of Equal Access to Justice Act fees and pay fees directly to Plaintiff's counsel.
3. The Clerk of Court is DIRECTED to enter judgment for Plaintiff as to attorney's fees in the total amount of $7,909.87 under the Equal Access to Justice Act, 28 U.S.C. § 2412(d).
DONE and ORDERED in Fort Myers, Florida this 27th day of November 2018.
/s/ _________
SHERI POLSTER CHAPPELL
UNITED STATES DISTRICT JUDGE Copies: All Parties of Record