ACKERMAN
v.
COMMISSIONER OF SOCIAL SECURITY
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Plaintiff sought attorney's fees in a Social Security case. The district court, reviewing a magistrate judge's recommendation, granted the uncontested motion for attorney's fees in the amount of $4,011.93 plus $402.00 in costs under 28 U.S.C. § 2412(d).
The motion for attorney's fees is granted. Plaintiff is awarded $4,011.93 in attorney's fees and $402.00 in costs, totaling $4,413.93, under 28 U.S.C. § 2412(d).
“The parties did not object and the time has passed, so the Court examines the R&R for clear error only.”
Establishes the standard of review applied when no objections are filed to a magistrate judge's recommendation.
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Join FLexlaw to unlock all legal intelligencePlaintiff filed a motion for attorney's fees in a Social Security case against the Commissioner. A U.S. Magistrate Judge referred the matter and issue…
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Before the Court is Plaintiff's Uncontested Motion for Attorney's Fees. (Doc. 25 ("Motion").) On referral, U.S. Magistrate Judge Laura Lothman Lambert entered a Report and Recommendation stating that the Court should grant the Motion. (Doc. 26 (“R&R").) The parties did not object and the time has passed, so the Court examines the R&R for clear error only. See Macort v. Prem, Inc., 208 F. App'x 781, 784 (11th Cir. 2006). Finding none, the R&R is due to be adopted.
Accordingly, it is ORDERED AND ADJUDGED:
1. The R&R (Doc. 26) is ADOPTED AND CONFIRMED and made a part of this Order in its entirety.
2. Plaintiff's Motion (Doc. 25) is GRANTED.
3. Plaintiff is AWARDED $4,011.93 in attorney's fees and $402.00 in
costs, for a total of $4,413.93.
4. The Clerk is DIRECTED to enter judgment in favor of Plaintiff and against Defendant in the amount of $4,413.93 under 28 U.S.C. § 2412(d). The Commissioner is permitted to exercise his discretion to honor Plaintiff's assignment of fees to counsel if the U.S. Department of Treasury determines that Plaintiff does not owe a debt to the U.S. Government. (See Doc. 25-1.)
5. The file is to remain closed.
DONE AND ORDERED in Chambers in Orlando, Florida, on April 2, 2024.
ROY B. DALTON, JR.
United States District Judge