Baily v. Commissioner Social Security

Filing 30

ORDER granting 28 Motion for Attorney Fees; adopting Report and Recommendations re 29 Report and Recommendations. Plaintiff is AWARDED an attorney fee under the Equal Access to Justice Act, 28 U.S.C. § 2412, in the total amount of $3,243.75, plus $12.00 in expenses, for a total award of $3,255.75. Signed by Judge Algenon L. Marbley on 1/6/2015. (cw)

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

JAMES C. BAILY,
Plaintiff,
vs.

Civil Action 2:13-cv-344
Judge Marbley
Magistrate Judge King

COMMISSIONER OF SOCIAL SECURITY,
Defendant.
ORDER
This case sought review, under the provisions of 42 U.S.C. § 405(g),
of a final decision of the Commissioner of Social Security denying
plaintiff’s application for supplemental security income.

On May 30,

2014, this Court reversed the decision of the Commissioner and remanded
the action to the Commissioner for further proceedings.
24.

Order, Doc. No.

Final judgment pursuant to Sentence 4 of 42 U.S.C. § 405(g) was entered

that same date.

Judgment, Doc. No. 25.

On October 27, 2014, the United

States Magistrate Judge recommended that plaintiff’s unopposed motion for
an award of attorney fees, Motion for Attorney Fees, ECF No. 28, be granted.
Report and Recommendation, ECF No. 29. Although the parties were advised
of their right to object to the recommendation, and of the consequences
of their failure to do so, there has been no objection.
The Report and Recommendation, ECF No. 29, is ADOPTED AND AFFIRMED.
Plaintiff’s Motion for Attorney Fees, ECF No. 28, is GRANTED.

Plaintiff

is AWARDED an attorney fee under the Equal Access to Justice Act, 28 U.S.C.

1

§ 2412, in the total amount of $3,243.75, plus $12.00 in expenses, for a
total award of $3,255.75.

s/Algenon L. Marbley
Algenon L. Marbley
United States District Judge

2