HOWDESHELL

v.

COMMISSIONER OF SOCIAL SECURITY

Defendant. /

OPINION AND ORDER1

Before the Court is United States Magistrate Judge Mac R. McCoy’s Report and Recommendation (“R&R”) (Doc. 25) on Plaintiff’s Unopposed Petition for EAJA Fees Pursuant to 28 U.S.C. § 2412(d) (Doc. 23). Judge McCoy recommends granting the Motion. Neither party objected, 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, in whole or in part,” the magistrate judge’s R&R. 28 U.S.C. § 636(b)(1)(C). In the absence of specific objections, there is no requirement that a district judge review the

as demanded by the interests of justice. See, e.g., Symonette v. V.A. Leasing Corp., 648 F. App’x 787, 790 (11th Cir. 2016); Thomas v. Arn, 474 U.S. 140, 150-52 (1985). Plain error exists if (1) “an error occurred”; (2) “the error was plain”; (3) “it affected substantial rights”; and (4) “not correcting the error

would seriously affect the fairness of the judicial proceedings.” Farley v. Nationwide Mut. Ins., 197 F. 3d 1322, 1329 (11th Cir. 1999). After examining the file independently and upon considering Judge McCoy’s findings and recommendations, the Court accepts and adopts the

R&R. Accordingly, it is now ORDERED: 1. The Report and Recommendation (Doc. 25) is ACCEPTED and

ADOPTED and incorporated into this Order. 2. Plaintiff’s Unopposed Petition for EAJA Fees Pursuant to 28 U.S.C. 2412(d) (Doc. 23) is GRANTED. a. Plaintiff is AWARDED $7,920.77 in attorney’s fees and

$400 in costs. b. If the United States Department of Treasury determines that Plaintiff does not owe a federal debt, the Government

may pay these fees and costs directly to Plaintiff's counsel. 3. The Clerk is DIRECTED to enter judgment in favor of Plaintiff for $7,920.77 in attorney’s fees and $400 in costs. DONE and ORDERED in Fort Myers, Florida on March 10, 2022.

UNITED STATES DISTRICT JUDGE

Copies: All Parties of Record