Simmons v. O'Malley

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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
CORPUS CHRISTI DIVISION
WILLIAM S.,
Plaintiff,
VS.
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CIVIL ACTION NO. 2:24-CV-00116
MARTIN J O'MALLEY,
Defendant.
ORDER ADOPTING MEMORANDUM AND RECOMMENDATION
On June 29, 2026, United States Magistrate Judge Julie K. Hampton issued her
“Memorandum and Recommendation” (D.E. 41), approving a fee award for Plaintiff’s
counsel. The parties were provided proper notice of, and opportunity to object to, the
Magistrate Judge’s memorandum and recommendation. Fed. R. Civ. P. 72(b); 28 U.S.C.
§ 636(b)(1); Special Order No. C-2023-1. No objections have been timely filed.
When no timely objection to a magistrate judge’s memorandum and
recommendation is filed, the district court need only satisfy itself that there is no clear error
on the face of the record and accept the magistrate judge’s memorandum and
recommendation. Guillory v. PPG Indus., Inc., 434 F.3d 303, 308 (5th Cir. 2005) (citing
Douglass v. United Servs. Auto Ass’n, 79 F.3d 1415, 1420 (5th Cir. 1996)).
Having reviewed the findings of fact and conclusions of law set forth in the
Magistrate Judge’s memorandum and recommendation (D.E. 41), and all other relevant
documents in the record, and finding no clear error, the Court ADOPTS as its own the
United States District Court
Southern District of Texas
ENTERED
July 30, 2026
Nathan Ochsner, Clerk
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findings and conclusions of the Magistrate Judge. Accordingly, Goetz’ Request for
Authorization to Charge a Reasonable Fee (D.E. 39) is GRANTED and the Court finds
that Goetz is entitled to a fee award of $21,414.48. Further, the Court ORDERS Goetz to
refund to his client the $10,000.00 award he previously received under the EAJA because
it is the lesser of the two awards.
ORDERED on July 30, 2026.
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NELVA GONZALES RAMOS
UNITED STATES DISTRICT JUDGE
Case 2:24-cv-00116 Document 42 Filed 07/30/26 in TXSD Page 2 of 2