Filed: Oct. 10, 2018
Latest Update: Oct. 10, 2018
Summary: ORDER PAUL G. BYRON , District Judge . This cause is before the Court on Plaintiff's Unopposed Motion for Award of Attorney Fees Pursuant to the Equal Access to Justice Act, 28 U.S.C. 2412(d) (Doc. 28) filed on September 19, 2018. The United States Magistrate Judge has submitted a report recommending that the motion be granted. After an independent de novo review of the record in this matter, and noting that no objections were timely filed, the Court agrees entirely with the findings
Summary: ORDER PAUL G. BYRON , District Judge . This cause is before the Court on Plaintiff's Unopposed Motion for Award of Attorney Fees Pursuant to the Equal Access to Justice Act, 28 U.S.C. 2412(d) (Doc. 28) filed on September 19, 2018. The United States Magistrate Judge has submitted a report recommending that the motion be granted. After an independent de novo review of the record in this matter, and noting that no objections were timely filed, the Court agrees entirely with the findings o..
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ORDER
PAUL G. BYRON, District Judge.
This cause is before the Court on Plaintiff's Unopposed Motion for Award of Attorney Fees Pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412(d) (Doc. 28) filed on September 19, 2018. The United States Magistrate Judge has submitted a report recommending that the motion be granted.
After an independent de novo review of the record in this matter, and noting that no objections were timely filed, the Court agrees entirely with the findings of fact and conclusions of law in the Report and Recommendation.
Therefore, it is ORDERED as follows:
1. The Report and Recommendation filed September 24, 2018 (Doc. 29), is ADOPTED and CONFIRMED and made a part of this Order.
2. The Unopposed Motion for Award of Attorney Fees Pursuant to the Equal Access to Justice Act, 28 U.S.C. 2412(d) (Doc. 28) is GRANTED to the extent that the Clerk of Court is DIRECTED to enter judgment in favor of Plaintiff and against Defendant for attorney's fees in the amount of $7,673.25 pursuant to 28 U.S.C. § 2412(d).
3. The Motion is otherwise DENIED.
4. The Commissioner may exercise her 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.
DONE AND ORDERED.
