Filed: May 05, 2014
Latest Update: May 05, 2014
Summary: ORDER 1 SHERI POLSTER CHAPPELL, District Judge. This matter comes before the Court upon consideration of the Magistrate Judge's Report and Recommendation ( Doc. #26 ), filed on April 15, 2014, recommending that the Motion for Attorney's Fees Pursuant to the Equal Access to Justice Act ( Doc. #23 ) be granted. No objections have been 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
Summary: ORDER 1 SHERI POLSTER CHAPPELL, District Judge. This matter comes before the Court upon consideration of the Magistrate Judge's Report and Recommendation ( Doc. #26 ), filed on April 15, 2014, recommending that the Motion for Attorney's Fees Pursuant to the Equal Access to Justice Act ( Doc. #23 ) be granted. No objections have been 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 r..
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ORDER1
SHERI POLSTER CHAPPELL, District Judge.
This matter comes before the Court upon consideration of the Magistrate Judge's Report and Recommendation (Doc. #26), filed on April 15, 2014, recommending that the Motion for Attorney's Fees Pursuant to the Equal Access to Justice Act (Doc. #23) be granted. No objections have been 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); cert. denied, 459 U.S. 1112 (1983). 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. Southern 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).
After conducting an independent examination of the file and upon due consideration of the Report and Recommendation, the Court accepts the Report and Recommendation of the Magistrate Judge.
Accordingly, it is now
ORDERED:
1. Report and Recommendation (Doc. #26) is ACCEPTED and ADOPTED and the findings are incorporated herein.
2. The Motion for Attorney's Fees Pursuant to the Equal Access to Justice Act (Doc. #23) is GRANTED. Attorney fees and administrative staff fees in the amount of $5,351.40 is awarded to Plaintiff. This amount may be paid directly to counsel if the United States Department of Treasury determines that no federal debt is owed.
DONE and ORDERED.
