CHARLES A. STAMPELOS
REPORT AND RECOMMENDATION
On October 23, 2008, the Court granted Defendant's motion and remanded this case for further proceedings pursuant to sentence six of 42 U.S.C. § 405(g). Doc. 16, citing Melkonyan v. Sullivan, 501 U.S. 89, 111 S.Ct. 2157, 115 L.Ed.2d 78 (1991). On remand, Plaintiff was found eligible for benefits in a decision by the Administrative Law Judge dated May 4, 2012. Doc. 61. Defendant timely reported that result, doc. 59, and now moves for entry of a final judgment pursuant to FED. R. CIV. P. 58. Doc. 61.
The Commissioner notes that "[e]ntry of final judgment will begin the appeal period which determines the 30-day period during which a timely application for attorney fees may be made under the Equal Access to Justice Act (EAJA)" Id. The Commissioner has certified that Plaintiff has no objection to the instant motion and does not object. Id. Good cause having been shown, it is recommended that the Commissioner's motion be granted.
In light of the foregoing, it is respectfully RECOMMENDED that Defendant's Motion for Final Judgment, doc. 61, pursuant to FED. R. CIV. P. 58, be GRANTED and the Order adopting this Report and Recommendation direct the Clerk of Court to enter final judgment.
IN CHAMBERS at Tallahassee, Florida, on July 2, 2012.
______________________
CHARLES A. STAMPELOS
UNITED STATES MAGISTRATE JUDGE
NOTICE TO THE PARTIES
A party may file specific, written objections to the proposed findings and recommendations within 14 days after being served with a copy of this report and recommendation. A party may respond to another party's objections within 14 days after being served with a copy thereof. Failure to file specific objections limits the scope of review of proposed factual findings and recommendations.