Filed: Apr. 15, 2019
Latest Update: Apr. 15, 2019
Summary: OPINION AND ORDER 1 SHERI POLSTER CHAPPELL , District Judge . Before the Court is Magistrate Judge Douglas N. Frazier's Report and Recommendation. (Doc. 28). Judge Frazier recommends granting Plaintiff's Uncontested Petition for Equal Access to Justice Act ("EAJA") Fees Pursuant to 28 U.S.C. 2412(d) (Doc. 27). (Doc. 28 at 2-3). Neither party filed a timely objection to the Report and Recommendation, so the matter is ripe for review. After conducting a careful and complete review of the
Summary: OPINION AND ORDER 1 SHERI POLSTER CHAPPELL , District Judge . Before the Court is Magistrate Judge Douglas N. Frazier's Report and Recommendation. (Doc. 28). Judge Frazier recommends granting Plaintiff's Uncontested Petition for Equal Access to Justice Act ("EAJA") Fees Pursuant to 28 U.S.C. 2412(d) (Doc. 27). (Doc. 28 at 2-3). Neither party filed a timely objection to the Report and Recommendation, so the matter is ripe for review. After conducting a careful and complete review of the ..
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OPINION AND ORDER1
SHERI POLSTER CHAPPELL, District Judge.
Before the Court is Magistrate Judge Douglas N. Frazier's Report and Recommendation. (Doc. 28). Judge Frazier recommends granting Plaintiff's Uncontested Petition for Equal Access to Justice Act ("EAJA") Fees Pursuant to 28 U.S.C. § 2412(d) (Doc. 27). (Doc. 28 at 2-3). Neither party filed a timely objection to the Report and Recommendation, so the matter is ripe for review.
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. See 28 U.S.C. § 636(b)(1); see also 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. Southern Ry. Co., 37 F.3d 603, 604 (11th Cir. 1994).
After careful consideration and an independent review of the file, the Court accepts and adopts the Report and Recommendation (Doc. 28) in full.
Accordingly, it is now
ORDERED:
1. The Report and Recommendation (Doc. 28) is ACCEPTED and ADOPTED and incorporated into this Order.
2. Plaintiff's Uncontested Petition for EAJA Fees Pursuant to 28 U.S.C. § 2312(d) (Doc. 27) is GRANTED.
a. The Court AWARDS attorney's fees for Plaintiff in the amount of $8,369.63 pursuant to 28 U.S.C. § 2412(d).
b. If the United States Department of the Treasury determines that Plaintiff does not owe a federal debt, the Government will accept Plaintiff's assignment of EAJA fees and pay fees directly to Plaintiff's counsel.
3. The Clerk is DIRECTED to enter judgment for Plaintiff as to attorney's fees in the amount of $ 8,369.63 under 28 U.S.C. § 2412(d).
DONE and ORDERED.
