CLYDE MILLER
v.
COMMISSIONER OF SOCIAL SECURITY
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The District Court for the Middle District of Florida adopted a magistrate judge's report and recommendation granting plaintiff Clyde Miller's unopposed motion for attorney's fees under the Equal Access to Justice Act (EAJA) in the amount of $4,187.97 against the Commissioner of Social Security.
The court adopted the magistrate judge's recommendation and granted plaintiff's unopposed motion for attorney's fees under the EAJA in the amount of $4,187.97. The Commissioner of Social Security must pay these fees to plaintiff's counsel in accordance with plaintiff's assignment of fees, unless the Department of Treasury determines that plaintiff owes a federal debt.
[1] A district judge must conduct a de novo review of Magistrate Judge findings or recommendations to which a party objects.
[2] In the absence of specific objections, a district judge may accept, reject, or modify Magistrate Judge findings and recommendations in whole or in part.
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This matter is before the Court on consideration of the report and recommendation of Lindsay S. Griffin, United States Magistrate Judge, entered on November 13, 2025. (Doc. 21). Judge Griffin recommends that “Plaintiff's Unopposed Motion for Attorney's Fees Under the Equal Access to Justice Act” (Doc. 20) be granted. Specifically, Judge Griffin recommends that Plaintiff be awarded $4,187.97 in attorney's fees under the Equal Access to Justice Act (the “EAJA”).
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. 28 U.S.C. § 636(b)(1); Camby v. Davis, 718 F. 2d 198, 199 (4th Cir. 1983); Williams v. Wainwright, 681 F. 2d 732 (11th Cir. 1982). A district court must "make a de novo determination of those portions of the [report and recommendation] to which an objection is made." 28 U.S.C. § 636(b)(1)(C). When no objection is filed, a court reviews the report and recommendation for clear error. Macort v. Prem, Inc., 208 F. App'x 781, 784 (11th Cir. 2006); Nettles v. Wainwright,
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677 F. 2d 404, 409 (5th Cir. 1982).
Upon due consideration of the record, including Judge Griffin's report and recommendation, the Court adopts the report and recommendation. Consequently, Plaintiff's motion for attorney's fees in the amount of $4,187.97 under the EAJA is granted.
Accordingly, it is
ORDERED, ADJUDGED, and DECREED:
(1) The report and recommendation (Doc. 21) is AFFIRMED and ADOPTED and INCORPORATED BY REFERENCE into this Order for all purposes, including appellate review.
(2) "Plaintiff's Unopposed Motion for Attorney's Fees Under the Equal Access to Justice Act" (Doc. 20) is hereby GRANTED.
(3) Plaintiff is entitled to an award of $4,187.97 in attorney's fees. Unless the Department of Treasury determines that Plaintiff owes a federal debt, Defendant must pay the fees to Plaintiffs counsel in accord with Plaintiff's assignment of fees.
The Clerk is directed to prepare an amended judgment that reflects the award of attorney's fees, as set forth herein.
DONE and ORDERED in Chambers, in Tampa, Florida, this 18th day of November, 2025.
TOM BARBER UNITED STATES DISTRICT JUDGE
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- Ennis Nettles v. Louie L. Wainwright, 677 F.2d 404 (5th Cir. 1982)
- Williams v. Louie L. Wainwright, 681 F.2d 732 (11th Cir. 1982)
- Camby v. Davis, 718 F.2d 198 (4th Cir. 1983)