Wolfe v. Social Security

Filing 24

ORDER Adopting 23 Report and Recommendation. Signed by District Judge Terrence G. Berg. (AChu)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION RONALD WOLFE, v. Plaintiff, Case No. 14-11397 COMMISSIONER OF SOCIAL SECURITY, Defendant. HON. TERRENCE G. BERG HON. ELIZABETH A. STAFFORD / ORDER ADOPTING REPORT AND RECOMMENDATION (DKT. 23) This matter is before the Court on Magistrate Judge Elizabeth A. Stafford’s December 30, 2016 Report and Recommendation (Dkt. 23), recommending that Plaintiff’s motion for attorney’s fees pursuant to 42 U.S.C. § 406(b) (Dkt. 19) be granted in part, and that Plaintiff’s counsel be awarded $11,707.45 in attorney’s fees.1 The Court has reviewed the Magistrate Judge’s Report and Recommendation, and finds that it is well reasoned and supported by the applicable law. The law provides that either party may serve and file written objections “[w]ithin fourteen days after being served with a copy” of the report and recommendations. 28 U.S.C. § 636(b)(1). The district court will make a “de novo determination of those portions of the report . . . to which objection is made.” Id. Where, as here, neither party                                                              Plaintiff’s counsel had requested $15,644.95 in fees, but Magistrate Judge Stafford recommended that that request be reduced by $3,937.50, resulting in a fee award of $11,707.45. 1 objects to the report, the district court is not obligated to independently review the record. See Thomas v. Arn, 474 U.S. 140, 149-52 (1985). The Court will, therefore, accept the Magistrate’s Report and Recommendation of December 30, 2016 as this Court’s findings of fact and conclusions of law. Accordingly, it is hereby ORDERED that Magistrate Judge Stafford’s Report and Recommendation of December 30, 2016 (Dkt. 23) is ACCEPTED and ADOPTED. It is FURTHER ORDERED that Plaintiff’s motion for attorney’s fees is (Dkt. 19) is GRANTED IN PART. Plaintiff’s counsel is hereby awarded $11,707.45 in 42 U.S.C. § 406(b) attorney’s fees. SO ORDERED. Dated: February 3, 2017 s/Terrence G. Berg TERRENCE G. BERG UNITED STATES DISTRICT JUDGE Certificate of Service I hereby certify that this Order was electronically submitted on February 3, 2017, using the CM/ECF system, which will send notification to all parties. s/A. Chubb Case Manager 2  

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