Trusley v. Social Security Administration Commissioner

Filing 16

JUDGMENT ADOPTING REPORT AND RECOMMENDATIONS for 15 Report and Recommendations, granting in part and denying in part 12 Motion for Attorney Fees filed by Debra L. Trusley. The Court hereby awards attorney fees in the amount of $3,836.25 pursuant to the EAJA, 28 U.S.C. § 2412. Signed by Honorable Harry F. Barnes on July 20, 2009. (cap)

IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS TEXARKANA DIVISION

DEBRA L. TRUSLEY

PLAINTIFF

VS.

CASE NO. 08-CV-4020

MICHAEL J. ASTRUE Commissioner, Social Security Administration

DEFENDANT

ORDER Before the Court is the Report and Recommendation filed herein on June 19, 2009, by the Honorable Barry A. Bryant, United States Magistrate Judge for the Western District of Arkansas. (Doc. No. 15). Judge Bryant recommends that Plaintiff's Application for Attorney Fees Under the Equal Access to Justice Act ("EAJA") be granted in part and denied in part. The parties have not filed objections to this Report and Recommendation, and the time to object has passed. See 28 U.S.C. § 636(b)(1). Therefore, the Court adopts the Magistrate Judge's Report and Recommendation in toto. Accordingly, the Court finds that Plaintiff's attorney is entitled to compensation under the EAJA in the amount of $3,836.25, which is a total of 23.5 hours at a rate of $165.00 per hour. The Court hereby awards attorney fees in the amount of $3,836.25 pursuant to the EAJA, 28 U.S.C. § 2412. IT IS SO ORDERED, this 20th day of July, 2009. /s/Harry F. Barnes Hon. Harry F. Barnes United States District Judge