Moxley v. Commmissioner of Social Security

Filing 30

Order Adopting Report and Recommendation 23 granting in part and denying in part Motion for Equal Access to Justice Act attorney fees 28 . Judge Christopher A. Boyko on 10/11/2016. (R,D)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO
EASTERN DIVISION

BRENDA D. MOXLEY,

Plaintiff,
Vs.
CAROLYN W. COLVIN,
Defendant.

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CASE NO.1:15CV1533

JUDGE CHRISTOPHER A. BOYKO

ORDER

CHRISTOPHER A. BOYKO, J:

This matter is before the Court on Magistrate Judge Kathleen B. Burke’s Report
and Recommendation granting in part and denying in part Plaintiff’s Application for
Attorney Fees Under the Equal Access to Justice Act. (ECF #23). Defendant has filed
a Response to Report and Recommendation stating they will not be filing an objection.
Plaintiff 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 Plaintiff has

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failed to timely file any such objections. Therefore, the Court must assume that
Plaintiff is satisfied with the Magistrate Judge’s recommendation. Any 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 and grants in part and denies in part Plaintiff’s Motion and authorizes payment of
$6,548.26.

IT IS SO ORDERED.

Date: 10/11/2016

s/Christopher A. Boyko
CHRISTOPHER A. BOYKO
United States District Judge

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