McKenzie v. Commissioner of Social Security

Filing 26

ORDER granting 18 Motion for Attorney Fees; adopting Report and Recommendation; Awarding plaintiff's counsel a total of $5,389.21. Signed by Judge Sandra S Beckwith on 6/29/11. (mb)

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION Lonny K. McKenzie, Plaintiff v. Case No. 1:09-cv-341 Commissioner of Social Security, Defendant ORDER This matter is before the Court on the Magistrate Judge’s Report and Recommendation filed June 6, 2011 (Doc. 25). Proper notice has been given to the parties under 28 U.S.C. § 636(b)(1)(C), including notice that the parties would waive further appeal if they failed to file objections to the Report and Recommendation in a timely manner. See United States v. Walters, 638 F.2d 947 (6th Cir. 1981). As of the date of this Order, no objections to the Magistrate Judge’s Report and Recommendation have been filed. Having reviewed this matter de novo pursuant to 28 U.S.C. § 636, we find the Magistrate Judge’s Report and Recommendation correct. Accordingly, it is ORDERED that the Report and Recommendation of the Magistrate Judge is hereby ADOPTED. Plaintiff’s fee petition under the Equal Access Justice Act is GRANTED and plaintiff is awarded $5,039.21 in attorney fees and $350.00 in costs and expenses, for a total award of $5,389.21. Date: June 29, 2011 s/Sandra S. Beckwith Sandra S. Beckwith, Senior Judge United States District Court

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