Greenly v. Colvin

Filing 36

ORDER Accepting and Adopting 35 Report and Recommendation, and GRANTING IN PART Petitioner's Application for Section 406(b) Attorney Fees, Subject to Petitioner Refunding to Greenly the EAJA Award Petitioner Already Received. Signed by District Judge Terrence G. Berg. (AChu)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
RENIQUE R. GREENLY,
Plaintiffs,
Case No. 14-12345
Hon. Terrence G. Berg
Hon. Elizabeth A. Stafford

v.
CAROLYN W. COLVIN, Acting
Commissioner of Social Security,
Defendant.

ORDER ACCEPTING AND ADOPTING REPORT AND
RECOMMENDATION (DKT. 35) AND GRANTING IN PART PETITIONER’S
APPLICATION FOR SECTION 406(b) ATTORNEY FEES SUBJECT TO
PETITIONER REFUNDING TO GREENLY THE EAJA AWARD
PETITIONER ALREADY RECEIVED
This matter is before the Court on Magistrate Judge Elizabeth A. Stafford’s
December 29, 2016 report and recommendation (Dkt. 35), recommending that
Petitioner’s motion for attorney fees (Dkt. 29) be granted in part.
The Court has carefully reviewed the Magistrate Judge’s report and
recommendation, and finds it well reasoned and supported by the relevant 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). If a party files written objections, the district court will make a
“de novo determination of those portions of the report . . . to which objection is made.”
Id. As of this date, no party filed any objections to the report and recommendation,
and the time to do so has now expired, meaning the district court is not obligated to

review the record independently. See Thomas v. Arn, 474 U.S. 140, 149-52 (1985).
The Court will therefore accept the Magistrate Judge’s report and recommendation
of December 29, 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 29, 2016 (Dkt. 35) is ACCEPTED and ADOPTED. It
is FURTHER ORDERED that Petitioner’s motion (Dkt. 29) is granted in part. The
Commissioner must pay Randall E. Phillips (Petitioner’s attorney) $8,467.75 or the
full amount withheld from Petitioner’s past-due benefits for the payment of attorney
fees, and Phillips must refund the full amount of the previously-received EAJA award
($5,900.00) to Petitioner.

SO ORDERED.

Dated: January 20, 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 January 20,
2017, using the CM/ECF system, which will send notification to all parties.
s/A. Chubb
Case Manager

2