Wolfe v. Social Security

Filing 24

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

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.
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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

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