Foy v. Commissioner of Social Security
Filing
34
Order Adopting Report and Recommendation re 33 granting 21 Motion for attorney fees Under the Equal Access to Justice Act by Kirk B. Roose. Judge Christopher A. Boyko on 12/4/2015. (R,D)
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO
EASTERN DIVISION
JOHN B. FOY,
Plaintiff,
Vs.
COMMISSIONER OF SOCIAL
SECURITY,
Defendant.
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CASE NO.1:14CV907
JUDGE CHRISTOPHER A. BOYKO
ORDER
CHRISTOPHER A. BOYKO, J:
This matter is before the Court on Magistrate Judge Limbert’s Report and
Recommendation (ECF #33) to grant Plaintiff’s Application for Attorney Fees Under the
Equal Access to Justice Act. (ECF #21). Defendant has not filed an objection.
FED. R. CIV.P. 72(b) provides that objections to a report and
recommendation must be filed within fourteen days after service, but Defendant
has failed to timely file any such objections. Therefore, the Court must assume
that Defendant is satisfied with the Magistrate Judge’s recommendation. Any
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further review by this Court would be a duplicative and an inefficient use of the
Court’s limited resources. Thomas v. Arn, 728 F.2d 813 (6th Cir. 1984), aff’d, 474
U.S. 140 (1985); Howard v. Secretary of Health and Human Services, 932 F.2d
505 (6th Cir. 1991); United States v. Walters, 638 F.2d 947 (6th Cir.1981).
Therefore, the Court adopts the Report and Recommendation of the Magistrate
Judge, grants Plaintiff’s Motion and authorizes attorney fees in this case of $6,084.01,
and fees for Appellate Assistant Shriver's services in the amount of $280.00, for a total
of $6,364.01.
IT IS SO ORDERED.
Date: 12/4/2015
s/Christopher A. Boyko
CHRISTOPHER A. BOYKO
United States District Judge
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