JOHNSTON
v.
COMMISSIONER OF SOCIAL SECURITY
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The court adopted the Magistrate Judge's Report and Recommendation, granting in part Plaintiff's motion for attorney's fees.
Plaintiff moved for attorney's fees under the Equal Access to Justice Act. No party objected to the Magistrate Judge's Report and Recommendation.…
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Defendant. /
ORDER1
Before the Court is United States Magistrate Judge Nicholas P. Mizell’s Report and Recommendation (R&R). (Doc. 32). Judge Mizell recommends granting in part Plaintiff Kristan Renea Johnston’s Motion for Attorney’s Fees Pursuant to the Equal Access to Justice Act (Doc. 30). 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
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 F. App’x 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. 32) is ACCEPTED and ADOPTED, and the findings incorporated herein. 1. Plaintiff Kristan Renea Johnston’s Motion for Attorney’s Fees Pursuant to the Equal Access to Justice Act (Doc. 30) is GRANTED
in part. 2. The Clerk is DIRECTED to amend the judgment to include an award to Plaintiff of $3,082.62 for attorney’s fees and expenses. 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 Plaintiff. DONE and ORDERED in Fort Myers, Florida on September 14, 2022.
,
UNITED STATES DISTRICT JUDGE
Copies: All Parties of Record
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Thomas v. Arn, 474 U.S. 140 (U.S. 1985)
- Garvey v. Vaughn, 993 F.2d 776 (11th Cir. 1993)
- Farley v. Nationwide Mut. Ins. Co., 197 F.3d 1322 (11th Cir. 1999)