BEACHAM
v.
COMMISSIONER OF SOCIAL SECURITY

M.D. Fla. | 2021-01-11
No. 8:19-cv-2545
District Court, M.D. Florida (2021)

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.


Holding

The court adopted the Magistrate Judge's report and recommendation, granting the plaintiff's unopposed motion for attorney's fees under the Equal Access to Justice Act.


Facts & Procedural History

The plaintiff sought attorney's fees under the Equal Access to Justice Act. The Magistrate Judge recommended granting the motion and awarding $6,523.2…

The full statement of facts, procedural history, and disposition for this case are member content.

Join FLexlaw to unlock all legal intelligence

© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.


Opinion of the Court

This matter is before the Court on consideration of the report and recommendation of Sean P. Flynn, United States Magistrate Judge, entered on November 19, 2020. (Doc. 24). Judge Flynn recommends “Plaintiff’s Unopposed Motion for an Award of Attorney’s Fees Under the Equal Access to Justice Act 28 USC. § 2412” (Doc. 23) be granted. Specifically, Judge Flynn recommends that Plaintiff be awarded reasonable attorney’s fees in the amount of $6,523.26. The motion was unopposed and no objection to the report and recommendation was filed. 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); 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. S. Ry. Co., 37 F. 3d 603, 604 (11th Cir. 1994); Castro Bobadilla v. Reno, 826 F. Supp. 1428, 1431- 32 (S.D. Fla. 1993), aff’d, 28 F. 3d 116 (11th Cir. 1994) (table). Upon due consideration of the record, including Judge Flynn’s report and recommendation, in conjunction with an independent examination of the file, the Court adopts the report and recommendation in all respects. The Court agrees with Judge

Flynn’s detailed and well-reasoned factual findings and legal conclusions. Consequently, “Plaintiff’s Unopposed Motion for Award of Attorney’s Fees Under the Equal Access to Justice Act 28 USC. § 2412” (Doc. 23) is granted. Accordingly, it is ORDERED, ADJUDGED, and DECREED: 1. The report and recommendation (Doc. 24) is AFFIRMED and ADOPTED and

INCORPORATED BY REFERENCE into this Order for all purposes, including appellate review. 2. “Plaintiff’s Unopposed Motion for Award of Attorney’s Fees Under the Equal Access to Justice Act, 28 USC. § 2412” (Doc. 23) is GRANTED. 3. Plaintiff is hereby awarded attorney’s fees in the amount of $6,523.26. Fees are payable directly to Plaintiff’s counsel if the Commissioner determines that Plaintiff does not owe a debt to the government; otherwise, the award is payable

directly to Plaintiff. 4. The Clerk is directed to enter an amended final judgment in favor of Plaintiff and against the Commissioner of Social Security that includes the award of attorney’s fees and costs in this case, as set forth herein. DONE and ORDERED in Chambers, in Tampa, Florida, this 11t» day of January, 2021.

A. aa / te i / Ate as

TOM BARBER

UNITED STATES DISTRICT JUDGE


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw