KELLY A. JONES
v.
COMMISSIONER OF SOCIAL SECURITY

S.D. Fla. | 2025-11-10
No. 22-62371-CIV
District Court, S.D. Florida (2025)

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Synopsis

Kelly A. Jones sought attorney fees under 42 U.S.C. § 406(b) in a Social Security case. The district court adopted the magistrate judge's report recommending approval of the fee request and awarded $26,484.16 in attorney fees to plaintiff's counsel.


Holding

The court awarded attorney fees to plaintiff's counsel in the amount of $26,484.16, adopting the magistrate judge's recommendation that the fee motion be granted.


Key Quotes

“As no timely objections were filed, the Magistrate Judge's factual findings in the Report [DE 32] are hereby adopted and deemed incorporated into this opinion.”

Establishes the standard for reviewing magistrate judge reports when no objections are filed

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Facts & Procedural History

Plaintiff Kelly A. Jones filed a motion and brief for attorney fees pursuant to 42 U.S.C. § 406(b). A magistrate judge issued a report and recommendat…

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Opinion of the Court

. ORDER ADOPTING REPORT OF MAGISTRATE JUDGE THIS CAUSE is before the Court on Plaintiff’s Motion & Brief for Attorney Fees Pursuant to 42 U.S.C. § 406(b) [DE 29]; and the October 23, 2025 Report and Recommendation of Magistrate Judge Augustin-Birch [DE 32] (the “Report”).

The Court notes that no objections to the Report [DE 32] have been filed, and the time for filing such objections has passed. As no timely objections were filed, the Magistrate Judge’s factual findings in the Report [DE 32] are hereby adopted and deemed incorporated into this opinion. LoConte v. Dugger, 847 F. 2d 745, 749-50 (11th Cir. 1988), cert. denied, 488 U.S. 958 (1988); RTC v. Hallmark Builders, Inc., 996 F. 2d 1144, 1149 (11th Cir. 1993).

Although no timely objections were filed, the Court has conducted a de novo review of the Report [DE 32] and record and is otherwise fully advised in the premises. The Court agrees with the Magistrate Judge’s reasoning and conclusions.

Accordingly, it is hereby ORDERED AND ADJUDGED as follows: 1. The Report [DE 32] is hereby ADOPTED and APPROVED; 2. Plaintiff’s Motion [DE 29] is GRANTED; 3. Plaintiffs counsel is awarded attorney’s fees in the amount of $26,484.16. DONE AND ORDERED in Chambers at Fort Lauderdale, Broward County, Florida, this 7th day of November, 2025.

“I if i f — fi vo ve a7 a 4 if tz ay eh “3

VILLIAM P. DIMITROULEAS

United States District Judge Copies furnished to: Counsel of record


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