Velon v. Berryhill

Filing 41

AMENDED ORDER Adopting Report and Recommendation. (See order for details) (Written Opinion). Signed by Judge Wilhelmina M. Wright on 4/5/2019. (RJE)

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UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA Tammy Jean Velon, Case No. 16-cv-1319 (WMW/KMM) Plaintiff, AMENDED ORDER ADOPTING REPORT AND RECOMMENDATION v. Nancy A. Berryhill, Acting Commissioner of Social Security, Defendant. This matter is before the Court on the August 21, 2018 Report and Recommendation (R&R) of United States Magistrate Judge Katherine M. Menendez. (Dkt. 34.) Objections to the R&R have not been filed in the time period permitted. In the absence of timely objections, this Court reviews an R&R for clear error. See Fed. R. Civ. P. 72(b); Grinder v. Gammon, 73 F.3d 793, 795 (8th Cir. 1996) (per curiam). Having reviewed the R&R, the Court finds no clear error. Based on the R&R and all the files, records and proceedings herein, IT IS HEREBY ORDERED: 1. The August 21, 2018 R&R, (Dkt. 34), is ADOPTED; 2. Plaintiff Tammy Jean Velon’s motion for attorney fees, (Dkt. 27), is GRANTED; and 3. The Commissioner of Social Security shall promptly pay to Plaintiff Tammy Jean Velon attorney fees in the amount of $8,374.50 and costs in the amount of $223.04. This award shall fully and completely satisfy any and all claims for fees, costs, and/or expenses that may have been payable to Plaintiff Tammy Jean Velon in this matter pursuant to 28 U.S.C. §§ 2412 and 1920. LET JUDGMENT BE ENTERED ACCORDINGLY. Dated: April 5, 2019 s/Wilhelmina M. Wright Wilhelmina M. Wright United States District Judge 2

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