Herbster v. Social Security, Commissioner of
Filing
28
ORDER Adopting Report and Recommendation for Granting 24 Motion for Attorney Fees filed by John K. Herbster re 27 Report and Recommendation. Signed by District Judge Sean F. Cox. (JMcC)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
John K. Herbster,
Plaintiff,
v.
Case No. 13-11932
Commissioner of Social Security,
Sean F. Cox
United States District Court Judge
Defendant.
______________________________/
ORDER ADOPTING
DECEMBER 10, 2014 REPORT & RECOMMENDATION
Plaintiff filed this action challenging the Commissioner’s unfavorable decision
disallowing benefits. The parties later submitted a stipulation to remand this matter for further
administrative proceedings, which was entered by this Court. Judgment has been entered in
Plaintiff’s favor.
On December 10, 2014, Magistrate Judge Michael Hluchaniuk issued a Report and
Recommendation (“R&R”) wherein he recommends that the Court: 1) grant Plaintiff’s motion
for attorney fees under 42 U.S.C. § 406(b)(1); and 2) issue the proposed order that Plaintiff
submitted with the motion (Docket Entry No. 24-1).
Pursuant to FED. R. CIV. P. 72(b), a party objecting to the recommended disposition of a
matter by a Magistrate Judge must filed objections to the R&R within fourteen (14) days after
being served with a copy of the R&R. “The district judge to whom the case is assigned shall
make a de novo determination upon the record, or after additional evidence, of any portion of the
magistrate judge’s disposition to which specific written objection has been made.” Id.
1
No party has filed objections to the R&R and the time permitted for filing objections to
the R&R has passed.
The Court hereby ADOPTS the December 10, 2014 R&R. IT IS ORDERED that
Plaintiff’s motion for attorney fees is GRANTED and this Court shall enter the order submitted
by Plaintiff.
IT IS SO ORDERED.
S/Sean F. Cox
Sean F. Cox
United States District Judge
Dated: January 6, 2015
I hereby certify that a copy of the foregoing document was served upon counsel of record on
January 6, 2015, by electronic and/or ordinary mail.
S/Jennifer McCoy
Case Manager
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?