Morris v. Commissioner of Social Security

Filing 25

REPORT AND RECOMMENDATION: The Magistrate Judge RECOMMENDS that plaintiff be awarded an attorney fee in the total amount of $4,750.00 under the Equal Access to Justice Act. Objections to R&R due within fourteen (14) days of the date of this Report. Signed by Magistrate Judge Elizabeth Preston Deavers on 8/23/2013. (er1)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION

JAMES O. MORRIS,
Plaintiff,
vs.

Civil Action 2:12-cv-595
Judge Sargus
Magistrate Judge King

COMMISSIONER OF SOCIAL SECURITY,
Defendant.
REPORT AND RECOMMENDATION
The parties have stipulated to an award of fees under the Equal
Access to Justice Act, 28 U.S.C. § 2412, in the amount of $4,750.00.
Doc. No. 24.
It is therefore RECOMMENDED that plaintiff be awarded an attorney
fee in the total amount of $4,750.00 under the Equal Access to Justice
Act,

28

U.S.C.

§

2412.

If

counsel

for

the

parties

verify

that

plaintiff owes no pre-existing debts to the United States that are
subject

to

payable

to

offset,

defendant

plaintiff’s

will

attorney

direct

that

pursuant

to

the
the

award

be

attorney’s

made
fee

assignment executed by plaintiff and his counsel.
If any party seeks review by the District Judge of this Report
and Recommendation, that party may, within fourteen (14) days, file
and serve on all parties objections to the Report and Recommendation,
specifically designating this Report and Recommendation, and the part
thereof in question, as well as the basis for objection thereto.
U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b).

28

Response to objections

must be filed within fourteen (14) days after being served with a copy
thereof.

Fed. R. Civ. P. 72(b).

The parties are specifically advised that failure to object to
the Report and Recommendation will result in a waiver of the right to
de novo review by the District Judge and of the right to appeal the
decision of the District Court adopting the Report and Recommendation.
See Thomas v. Arn, 474 U.S. 140 (1985); Smith v. Detroit Fed’n of
Teachers, Local 231 etc., 829 F.2d 1370 (6th Cir. 1987); United States
v. Walters, 638 F.2d 947 (6th Cir. 1981).

s/Norah McCann King
Norah McCann King
United States Magistrate Judge
August 23, 2013

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