PATRICK VICTORIN
v.
FRANK BISIGNANO, COMMISSIONER OF SOCIAL SECURITY
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The court adopted the Magistrate Judge's Report and Recommendation, granting the Plaintiff's unopposed motion for attorney's fees and costs under the Equal Access to Justice Act.
[1] A magistrate judge's factual findings are adopted when no timely objections are filed.
[2] A court may conduct a de novo review of a magistrate judge's report even without objections.
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Join FLexlaw to unlock all legal intelligence“As no timely objections were filed, the Magistrate Judge's factual findings in the Report [DE 26] are hereby adopted and deemed incorporated into this opinion.”
Establishes that unopposed magistrate judge findings are adopted without further review absent timely objections.
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Join FLexlaw to unlock all legal intelligencePlaintiff sought attorney's fees and costs under the Equal Access to Justice Act following a prior proceeding. The Magistrate Judge issued a Report an…
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THIS CAUSE is before the Court upon the Report and Recommendation of Magistrate Judge Edwin G. Torres (the “Report”) [DE 26], issued on January 6, 2026, Plaintiff's Unopposed Motion for an Award of $8,500.00 in Attorneys' Fees Plus Costs Pursuant To The Equal Access to Justice Act, 28 U.S.C. § 2412(d) (“EAJA”). [DE 23].
The Court notes that no objections to the Report [DE 26] have been filed, and the time for filing such objections has passed. As no timely objections were filed, the Magistrate Judge's factual findings in the Report [DE 26] are hereby adopted and deemed incorporated into this opinion. LoConte v. Dugger, 847 F. 2d 745, 749-50 (11th Cir. 1988), cert. denied, 488 U.S. 958 (1988); RTC v. Hallmark Builders, Inc., 996 F. 2d 1144, 1149 (11th Cir. 1993).
Although no timely objections were filed, the Court has conducted a de novo review of the Report [DE 26] and record and is otherwise fully advised in the premises. The Court agrees with the Magistrate Judge's analysis and conclusions.
Accordingly, it is ORDERED AND ADJUDGED as follows:
1. The Report [DE 26] is hereby ADOPTED and APPROVED; 2. Plaintiff's Motion [DE 23] is GRANTED as follows: a. Plaintiff is awarded $8,500.00 for fees reasonably incurred in the action under the EAJA. b. Reasonably incurred costs in the amount of $405.00, representing the filing fees charged to Plaintiff, are also awarded to be paid from the Judgment fund per 28 U.S.C. § 1304. c. If the United States Department of the Treasury verifies to the Office of the General Counsel that Plaintiff does not owe a debt, the Government should honor Plaintiff's assignment of EAJA fees and costs and make payment of Plaintiff's total fee award of $8,500.00 and $405.00 in costs payable directly to Plaintiff's counsel.
DONE and ORDERED in Chambers in Fort Lauderdale, Broward County, Florida, on this 15th day of January, 2026.
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- LoCONTE v. Dugger, 847 F.2d 745 (11th Cir. 1988)
- Resolution Tr. Corp. v. Hallmark Builders, Inc., 996 F.2d 1144 (11th Cir. 1993)
- LoConte v. Dugger, 488 U.S. 958 (U.S. 1988)