Gayheart v. Commissioner of Social Security Administration

Filing 35

ORDER ADOPTING REPORT AND RECOMMENDATIONS- The Magistrate Judges Report and Recommendation dated February 7, 2014 34 is ADOPTED, the parties joint stipulation referencing EAJA fees in the amount of $11,200.00 [doc. 33] is GRANTED, and Plaintif f is AWARDED the sum of $11,200.00 in EAJA fees, the motion for EAJA fees filed by Plaintiffs counsel 30 , filed prior to the submission of the joint stipulation, is DENIED AS MOOT; and this matter is hereby TERMINATED on the docket of this Court. Signed by Judge Thomas M Rose on 2-26-2014. (de)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON
CHARLES GAYHEART,
Plaintiff,

Case No.: 3:10-CV-401

vs.
COMMISSIONER OF
SOCIAL SECURITY,

District Judge Thomas M. Rose
Magistrate Judge Michael J. Newman

Defendant.
ORDER ADOPTING REPORT AND RECOMMENDATION (DOC. 34)

Before the Court is the Report and Recommendation of Magistrate Judge Michael J.
Newman (doc. 34), concerning a request by Plaintiff’s counsel for an award of attorney’s fees
under the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412(d). Doc. 33. Magistrate
Judge Newman recommended that Plaintiff be awarded the sum of $11,200.00 referenced in the
joint stipulation counsel filed with the Commissioner of Social Security. See doc. 33. Neither
Plaintiff’s counsel nor the Commissioner has opposed the Report and Recommendation, and the
time for doing so under Fed. R. Civ. P. 72(b) has expired. Having carefully reviewed this matter,
the Court rules as follows:
1. The Magistrate Judge’s Report and Recommendation dated February 7, 2014 (doc. 34) is
ADOPTED;
2. The parties’ joint stipulation referencing EAJA fees in the amount of $11,200.00 (doc.
33) is GRANTED, and Plaintiff is AWARDED the sum of $11,200.00 in EAJA fees;
3. The motion for EAJA fees filed by Plaintiff’s counsel (doc. 30), filed prior to the
submission of the joint stipulation, is DENIED AS MOOT; and
4. This matter is hereby TERMINATED on the docket of this Court.
IT IS SO ORDERED.
Date: February 26, 2014

*s/Thomas M. Rose
____________________________________
Thomas M. Rose
United States District Judge