Opinion
CIVIL ACTION NO. 3:16-CV-00337
07-08-2019
MARK PAUL KIRKPATRICK Plaintiff. v. ANDREW SAUL, COMMISSIONER OF THE SOCIAL SECURITY ADMINISTRATION Defendant.
ORDER ADOPTING MAGISTRATE JUDGE'S MEMORANDUM AND RECOMMENDATION
On February 22, 2018, this case was referred to United States Magistrate Judge Andrew M. Edison. See Dkt. 16. On June 20, 2019, Judge Edison filed a Memorandum and Recommendation (Dkt. 24) recommending that Plaintiff Mark Paul Kirkpatrick's Petition to Obtain Approval of a Fee for Representing a Social Security Claimant (Dkt. 23) be GRANTED.
No objections have been filed to the Memorandum and Recommendation. Accordingly, the Court reviews the Memorandum and Recommendation for plain error on the face of the record. 28 U.S.C. § 636(b)(1); see also, FED. R. CIV. P. 72(b)(3).
Based on the pleadings, the record and the applicable law, the Court finds that there is no plain error apparent from the face of the record. Accordingly, it is hereby ORDERED AND ADJUDGED that:
(1) Judge Edison's Memorandum and Recommendation (Dkt. 24) is APPROVED AND ADOPTED in its entirety as the holding of the Court;
(2) Plaintiff Mark Paul Kirkpatrick's Petition to Obtain Approval of a Fee for Representing a Social Security Claimant (Dkt. 23) is GRANTED; and
(3) Kirkpatrick's counsel is awarded $15,609.37 in attorney's fees out of Kirkpatrick's past-due benefits pursuant to Section 406(b). Kirkpatrick's counsel is ordered to refund the Equal Access to Justice Act award in the amount of $3,345.54 directly to Kirkpatrick.
It is so ORDERED.
SIGNED at Galveston, Texas, this 8th day of July, 2019.
/s/_________
George C. Hanks Jr.
United States District Judge