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)

Download PDF
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION BRENDA D. MOXLEY, Plaintiff, Vs. CAROLYN W. COLVIN, Defendant. ) ) ) ) ) ) ) ) ) ) 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 1 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 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?