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Murrell v. Commissioner of Social Security
6:16-cv-00436
M.D. Fla.
Jun 5, 2017
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Docket
Case Information

*1

United States District Court
Middle District of Florida
Orlando Division

LENZO MURRELL,

Plaintiff,

V.

COMMISSIONER OF SOCIAL SECURITY,

Defendant.

ORDER





This case is before the Court on the Unopposed Motion for Attorney's Fees Pursuant to the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d) (Doc. 26) filed by Plaintiff. The assigned United States Magistrate Judge has submitted a Report (Doc. 27) recommending that the motion be granted to the extent that the Court award EAJA attorney's fees to Plaintiff, as the prevailing party, in the sum of $ 6 , 221.62 and that the motion otherwise be denied. [1] No objection to the Report has been filed, and the time for filing objections has passed.

After review of the record in this matter, the Court agrees with the findings and conclusions in the Report and Recommendation.

Therefore, it is ORDERED as follows:

  1. The Report and Recommendation (Doc. 27) is ADOPTED and CONFIRMED and made a part of this Order.
  2. The Unopposed Motion for Attorney's Fees Pursuant to the Equal Access to [^0] [^0]: [1] The motion requested that the fees be paid directly to Plaintiff's attorney.

*2 Justice Act (Doc. 26) filed by Plaintiff is GRANTED in part and DENIED in part. The motion is granted to the extent that Plaintiff, as the prevailing party, shall be awarded EAJA attorney's fees in the sum of $ 6 , 221.62 . The motion is otherwise denied. 3. The Commissioner shall pay EAJA attorney's fees to Plaintiff in the sum of $ 6 , 221.62 . 2

DONE and ORDERED in Orlando, Florida, on June 2017.

Copies furnished to: United States Magistrate Judge Counsel of Record [2] As noted in the Report, the United States Department of the Treasury may exercise its discretion to honor Plaintiff's assignment of fees if it determines that Plaintiff does not owe a debt to the Government. (See Doc. 27 at 3 n.2). The Court is not, however, ordering the Department to honor the assignment.

Case Details

Case Name: Murrell v. Commissioner of Social Security
Court Name: District Court, M.D. Florida
Date Published: Jun 5, 2017
Docket Number: 6:16-cv-00436
Court Abbreviation: M.D. Fla.
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