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)

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