Rios v. Social Security, Commissioner of

Filing 20

ORDER Accepting and Adopting the Magistrate Judge's 19 Report and Recommendation Denying Plaintiff's 16 Motion for Attorney Fees filed by Lori Ann Rios. Signed by District Judge Mark A. Goldsmith. (Goltz, D)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

LORI ANN RIOS,
Plaintiff,

Civil Action No.
10-CV-14443

vs.
HON. MARK A. GOLDSMITH
COMMISSIONER OF SOCIAL SECURITY,
Defendant.
_____________________________________/
ORDER ACCEPTING AND ADOPTING THE MAGISTRATE JUDGE’S REPORT AND
RECOMMENDATION
and
DENYING PLAINTIFF’S MOTION FOR ATTORENY FEES
This matter is presently before the Court on Magistrate Judge Charles E. Binder’s Report
and Recommendation (“R&R”) dated October 5, 2011, in which he recommends that Plaintiff’s
motion for attorney fees pursuant to the Equal Access to Justice Act be denied without prejudice
as premature. Plaintiff has not filed objections to the R&R, and the time to do so has expired.
Thus, Plaintiff has waived any further right to appeal. Thomas v. Arn, 474 U.S. 140, 155 (1985).
In any event, the Court has reviewed the record and agrees with the Magistrate Judge that
Plaintiff’s motion is premature. Accordingly, the Court accepts and adopts the R&R and denies
Plaintiff’s motion (Dkt. 16) without prejudice to Plaintiff’s ability to re-file the motion at an
appropriate time.
SO ORDERED.
Dated: October 28, 2011
Flint, Michigan

s/Mark A. Goldsmith
MARK A. GOLDSMITH
United States District Judge

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CERTIFICATE OF SERVICE
The undersigned certifies that the foregoing document was served upon counsel of record
and any unrepresented parties via the Court's ECF System to their respective email or First Class
U.S. mail addresses disclosed on the Notice of Electronic Filing on October 28, 2011.
s/Deborah J. Goltz
DEBORAH J. GOLTZ
Case Manager

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