Lopez v. Saul, Commissioner of Social Security ( 2020 )

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO.: 0:19-cv-61798-GAYLES/STRAUSS JUAN ALBERTO LOPEZ, Plaintiff, v. ANDREW SAUL, Commissioner of Social Security, Defendant. / ORDER AFFIRMING AND ADOPTING REPORT OF MAGISTRATE JUDGE THIS CAUSE comes before the Court on Magistrate Judge Jared M. Strauss’s Report and Recommendation (the “Report”), [ECF No. 24], regarding Plaintiff’s Unopposed Motion for Attorney’s Fees Pursuant to the Equal Access to Justice Act (the “Motion”) [ECF No. 23]. This case was referred to Magistrate Judge Jared M. Strauss, pursuant to 28 U.S.C. § 636(b)(1)(B), for a ruling on all pre-trial, non-dispositive and a report and recommendation on any dispositive matters. [ECF Nos. 4, 16]. On September 28, 2020, Judge Strauss issued his Report recommending that the Court grant the Motion. Neither party timely filed objections. A district court may accept, reject, or modify a magistrate judge’s report and recommendation. 28 U.S.C. § 636(b)(1). Those portions of the report and recommendation to which objection is made are accorded de novo review if those objections “pinpoint the specific findings that the party disagrees with.” United States v. Schultz, 565 F.3d 1353, 1360 (11th Cir. 2009); see also Fed. R. Civ. P. 72(b)(3). Any portions of the report and recommendation to which no specific objection is made are reviewed only for clear error. Liberty Am. Ins. Grp., Inc. v. WestPoint Underwriters, L.L.C., 199 F. Supp. 2d 1271, 1276 (M.D. Fla. 2001); accord Macort v. Prem, Inc., 208 F. App’x 781, 784 (11th Cir. 2006). This Court finds no clear error with Judge Strauss’s well-reasoned analysis and agrees that the Motion should be granted. Accordingly, it is ORDERED AND ADJUDGED as follows: (1) Judge Strauss’s Report and Recommendation, [ECF No. 24], is AFFIRMED AND ADOPTED and incorporated into this Order by reference; and (2) Plaintiff’s Unopposed Motion for Attorney’s Fees Pursuant to the Equal Access to Justice Act, [ECF No. 23], is GRANTED. DONE AND ORDERED in Chambers at Miami, Florida, this 2nd day of November, 2020. Bld UNITED STATES DISTR JUDGE