Summary
The United States District Court for the Southern District of Texas adopted a magistrate judge’s Memorandum and Recommendation after finding no clear error and noting that no objections had been filed. The court granted Plaintiff Dennise Labrador’s motion for attorney fees under the Equal Access to Justice Act and awarded $6,807.71, subject to any applicable administrative offset.
Topics
Practice areas
Questions Presented
- Whether the magistrate judge's Memorandum and Recommendation should be adopted when no objections were filed and the district court found no clear error.
- Whether Plaintiff was entitled to an award of $6,807.71 in attorney's fees under the Equal Access to Justice Act.
Holdings
- When no objections are filed to a magistrate judge's Memorandum and Recommendation, the district court reviews the recommendation for clear error; finding no clear error, the court may adopt it in its entirety.
- Plaintiff's motion for attorney's fees under the Equal Access to Justice Act was properly granted, and Plaintiff was awarded $6,807.71 in attorney's fees.
Key quotations
“Finding no clear error, the Court adopts the Memorandum and Recommendation in its entirety.”
“Plaintiff is hereby awarded $6,807.71 in attorney’s fees”
Factual background
The case arose from Plaintiff's request for attorney fees under the Equal Access to Justice Act. The magistrate judge issued a Memorandum and Recommendation, and Plaintiff's motion for attorney fees was before the district court for review. The district court found no clear error and awarded $6,807.71 in attorney's fees, payable to Plaintiff and mailed to Plaintiff's counsel, subject to any applicable administrative offset for outstanding federal debt.
Procedural history
United States Magistrate Judge Richard W. Bennett issued a Memorandum and Recommendation, identified as Doc. #21. No objections were filed by the deadline. The district court reviewed the recommendation for clear error, adopted it in its entirety, and granted Plaintiff's motion for attorney fees under the Equal Access to Justice Act.