Frontiera v. Colvin

Filing 22

ORDER Adopting the Magistrate Judge's Report and Recommendation 21 and Denying Plaintiff's Motion for Attorney Fees 18 . Signed by District Judge Denise Page Hood. (LSau)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
JOSEPH FRONTIERA,
Plaintiff,

Case Number 16-13332
Hon. Denise Page Hood

v.
COMMISSIONER OF SOCIAL SECURITY,
Defendant.
______________________________________/
ORDER ADOPTING THE MAGISTRATE JUDGE’S
REPORT AND RECOMMENDATION AND
DENYING PLAINTIFF’S MOTION FOR ATTORNEY FEES
This matter is before the Court on the Magistrate Judge’s Report and
Recommendation (ECF No. 21) on Plaintiff Joseph Frontiera’s Motion for Attorney
Fees (ECF No. 18). No Objections were filed to the Report and Recommendation.
The Court has had an opportunity to review this matter and finds that the
Magistrate Judge reached the correct conclusion.

The Court agrees with the

Magistrate Judge that the Motion for Attorney Fees pursuant to 42 U.S.C. § 406(b) is
untimely and that Plaintiff’s counsel has not shown that equitable tolling applies.
Accordingly,
IT IS ORDERED that the Report and Recommendation (ECF No. 21) is
ACCEPTED and ADOPTED as this Court’s findings of fact and conclusions of law.

IT IS FURTHER ORDERED that Plaintiff’s Motion for Attorney Fees (ECF
No. 18) is DENIED.

s/Denise Page Hood
DENISE PAGE HOOD
Chief Judge
DATED: December 3, 2021