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)

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION JOHN B. FOY, Plaintiff, Vs. COMMISSIONER OF SOCIAL SECURITY, Defendant. ) ) ) ) ) ) ) ) ) ) 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 1 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 2

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