Filed: Jul. 12, 2018
Latest Update: Jul. 12, 2018
Summary: ORDER ROY B. DALTON, JR. , District Judge . On March 30, 2018, the Court adjudged Plaintiff the prevailing party in this social security appeal. (Doc. 22.) Thereafter, final judgment was entered in Plaintiff's favor. (Doc. 23.) Plaintiff now seeks an award of attorney fees in the amount of $8,899.65 under the Equal Access to Justice Act (" EAJA "), 28 U.S.C. 2421(d), 1 and $400.00 for federal court filing fees under 28 U.S.C. 1304. (Doc. 24 (" Motion ").) The Motion is unopposed. ( Id.
Summary: ORDER ROY B. DALTON, JR. , District Judge . On March 30, 2018, the Court adjudged Plaintiff the prevailing party in this social security appeal. (Doc. 22.) Thereafter, final judgment was entered in Plaintiff's favor. (Doc. 23.) Plaintiff now seeks an award of attorney fees in the amount of $8,899.65 under the Equal Access to Justice Act (" EAJA "), 28 U.S.C. 2421(d), 1 and $400.00 for federal court filing fees under 28 U.S.C. 1304. (Doc. 24 (" Motion ").) The Motion is unopposed. ( Id. ..
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ORDER
ROY B. DALTON, JR., District Judge.
On March 30, 2018, the Court adjudged Plaintiff the prevailing party in this social security appeal. (Doc. 22.) Thereafter, final judgment was entered in Plaintiff's favor. (Doc. 23.) Plaintiff now seeks an award of attorney fees in the amount of $8,899.65 under the Equal Access to Justice Act ("EAJA"), 28 U.S.C. § 2421(d),1and $400.00 for federal court filing fees under 28 U.S.C. § 1304. (Doc. 24 ("Motion").) The Motion is unopposed. (Id. at 2.)
In a Report and Recommendation issued July 6, 2018, U.S. Magistrate Judge Gregory J. Kelly recommends that the Court grant the Motion based on his finding that counsel's hourly rate and time expended are reasonable. (Doc. 25 ("R&R").) On July 11, 2018, the parties filed a joint notice indicating that they did not object to the R&R. (Doc. 26.) As such, the Court has reviewed the R&R only for clear error. See Wiand v. Wells Fargo Bank, N.A., No. 8:12-cv-557-T-27EAJ, 2016 WL 355490, at *1 (M.D. Fla. Jan. 28, 2016); see also Marcort v. Prem, Inc., 208 F. App'x 781, 784 (11th Cir. 2006). Finding none, the Court concludes that the R&R is due to be adopted and confirmed.
Accordingly, it is hereby ORDERED AND ADJUDGED:
1. U.S. Magistrate Gregory J. Kelly's Report and Recommendation (Doc. 25) is ADOPTED, CONFIRMED, and made a part of this Order.
2. Plaintiff's Unopposed Motion for Attorney's Fees Pursuant to the Equal Access to Justice Act and Memorandum in Support (Doc. 24) is GRANTED. Plaintiff is awarded $8,899.65 in attorney fees under the EAJA and $400.00 in filing fees under 28 U.S.C. § 1304.
DONE AND ORDERED.
