Hysell v. Commissioner of Social Security

Filing 31

ORDER granting 23 Motion for Attorney Fees; granting 28 Motion for Attorney Fees; adopting Report and Recommendations re 30 Report and Recommendations.. Signed by Judge James L. Graham on 2/2/2017. (ds)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO EASTERN DIVISION Jamie M. Hysell, Plaintiff, v. Case No. 2:14-cv-2348 Commissioner of Social Security, Defendant. ORDER This matter is before the court for consideration of the January 13, 2017, report and recommendation of the magistrate judge to whom this case was referred pursuant to 28 U.S.C. §636(b). The magistrate for judge recommended that the plaintiff’s motion attorney fees under the Equal Access to Justice Act (“EAJA”), 28 U.S.C. §2412, to which the Commissioner did not respond, be granted. The report and recommendation specifically advised the parties that failure to object to the report and recommendation within fourteen days of the report would “result in a waiver of the right to have the district judge review the Report and Recommendation de novo, and also operates as a waiver of the right to appeal the decision of the Recommendation.” District Court Doc. 30, p. 4. adopting the Report and The time for filing objections has expired, and no objections have been filed. The court adopts the magistrate judge (Doc. 30). report and recommendation of the Plaintiff’s motion for attorney fees under the EAJA (Doc. 23), as supplemented (Doc. 27), is granted. Plaintiff is awarded attorney fees in the amount of $5,404.75, to be paid to counsel for plaintiff unless there is an offsetting debt owed to the United States. Date: February 2, 2017 s/James L. Graham James L. Graham United States District Judge 2

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