Fielder v. Bisignano

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
IRA WESLEY FIELDER,
Plaintiff,
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v. 	CIVIL ACTION NO. 4:25-cv-3385
FRANK BISIGNANO,
COMMISSIONER OF SOCIAL
SECURITY,
Defendant.
MEMORANDUM AND RECOMMENDATION
Pending before the Court 1 is Plaintiff’s Motion for Attorney fees and
expenses pursuant to the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2414
et seq. 	(ECF No. 25). 	Defendant is unopposed. 	(Id. at 4). 	Based on a review
of the motion, arguments, and relevant law, the Court RECOMMENDS
Plaintiff’s Motion for Attorney fees (ECF No. 25) be GRANTED. 	If this
Memorandum and Recommendation adopted by the District Court Judge, it is
ORDERED that Defendant will pay Plaintiff a total of $6,696.47. This award
owed is payable to Plaintiff, not directly to their counsel, consistent with Astrue
v. Ratliff, 130 S.Ct. 2521 (2010). Payment will be mailed to Plaintiff’s attorney
at her office: Kenna Garner, 440 Louisiana Street, Suite 1300, Houston, Texas
1 This case was referred to the Undersigned for all purposes pursuant to 28 U.S.C.
§ 636(b)(1)(A) and (B) and Federal Rule of Civil Procedure 72. (ECF No. 9).
United States District Court
Southern District of Texas
ENTERED
August 04, 2026
Nathan Ochsner, Clerk
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77002. The Court also RECOMMENDS Plaintiff’s previously filed Motion for
Attorney Fees (ECF No. 24) be DENIED AS MOOT.
The Clerk shall send copies of this Memorandum and Recommendation
to the respective parties who have fourteen days from the receipt thereof to file
written objections thereto pursuant to Federal Rule of Civil Procedure 72(b)
and General Order 2002-13. Failure to file written objections within the time
period mentioned shall bar an aggrieved party from attacking the factual
findings and legal conclusions on appeal.
SIGNED in Houston, Texas on August 3, 2026.
______________________________
Richard W. Bennett
United States Magistrate Judge
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