Malone v. Commissioner of Social Security

Filing 30

DECISION AND ENTRY adopting Report and Recommendations re 29 Report and Recommendations. Signed by Judge Timothy S. Black on 10/14/2020. (rrs)

Case: 1:16-cv-01004-TSB-SKB Doc #: 30 Filed: 10/14/20 Page: 1 of 2 PAGEID #: 1648

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION
COURTNEY MALONE,
Plaintiff,
vs.
COMMISSIONER OF SOCIAL
SECURITY,
Defendant.

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Case No. 1:16-cv-1004
Judge Timothy S. Black
Magistrate Judge Stephanie K. Bowman

DECISION AND ENTRY
ADOPTING THE REPORT AND RECOMMENDATION
OF THE UNITED STATES MAGISTRATE JUDGE (Doc. 29)
This case is before the Court pursuant to the Order of General Reference to United
States Magistrate Judge Stephanie K. Bowman. Pursuant to such reference, the
Magistrate Judge reviewed the pleadings filed with this Court and, on September 29,
2020, submitted a Report and Recommendation. (Doc. 29). No objections were filed.
As required by 28 U.S.C. § 636(b) and Fed. R. Civ. P. 72(b), the Court has
reviewed the comprehensive findings of the Magistrate Judge and considered de novo
all of the filings in this matter. Upon consideration of the foregoing, the Court does
determine that the Report and Recommendation (Doc. 29) should be and is hereby
ADOPTED in its entirety.
Accordingly, for the reasons stated above:
1) Plaintiff’s unopposed motion for attorney’s fees (Doc. 26) is GRANTED as
the requested fee is within the 25% statutory cap on fee awards and is
otherwise reasonable.

Case: 1:16-cv-01004-TSB-SKB Doc #: 30 Filed: 10/14/20 Page: 2 of 2 PAGEID #: 1649

2) Plaintiff’s counsel SHALL be awarded the additional net fee of $556.50 under
42 U.S.C. § 406(b).
3) Plaintiff’s fourth motion for extension of time (Doc. 25) is DENIED as moot.
IT IS SO ORDERED.
Date:

10/14/2020

s/Timothy S. Black
Timothy S. Black
United States District Judge

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