Tibbetts v. Commissioner of Social Security

Filing 22

ORDER finding as moot 19 Motion for Attorney Fees; adopting Report and Recommendation 21 . Plaintiff is awarded $2,928.75 in attorney's fees and costs. Signed by Judge Sandra S Beckwith on 5/5/14. (mb)

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION Cathleen Tibbetts, Plaintiff v. Case No. 1:12-cv-894 Commissioner of Social Security, Defendant ORDER This matter is before the Court on the Magistrate Judge’s Report and Recommendation filed April 1, 2014 (Doc. 21). 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 motion for fees is DENIED as moot in light of the parties’ later filed joint stipulation of fees. Plaintiff is awarded the total sum of $2,928.75 in attorney’s fees and costs under the Equal Access to Justice Act. Date: May 5, 2014 s/Sandra S. Beckwith Sandra S. Beckwith, Senior Judge United States District Court

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