Hicks v. Commissioner of Social Security

Filing 25

ORDER adopting Report and Recommendation re 24 Report and Recommendationgranting in part 23 Motion for Attorney Fees. Signed by Judge Michael R. Barrett on 1/3/17. (ba)

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION Mark Stephen Hicks, Plaintiff, v. Case No. 1:15cv110 Commissioner of Social Security, Judge Michael R. Barrett Defendant. ORDER This matter is before the Court on the Report and Recommendation filed by the Magistrate Judge on November 21, 2016 (Doc. 24). 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. United States v. Walters, 638 F.2d 947 (6th Cir. 1981). No objections to the Magistrate Judge=s Report and Recommendation (Doc. 24) have been filed. Accordingly, it is ORDERED that the Report and Recommendation (Doc. 24) of the Magistrate Judge is hereby ADOPTED. Plaintiff’s Motion for Attorney Fees (Doc. 23) is GRANTED IN PART; Plaintiff's counsel should be awarded additional attorney's fees in the amount of $1,875.00 under 42 U.S.C. § 406(b), representing $4,000.00 under that statute, less the $2,125.00 previously awarded for the same work under the EAJA. IT IS SO ORDERED. /s/ Michael R. Barrett Michael R. Barrett United States District Judge 1

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