Mullins v. Commissioner of Social Security Administration

Filing 28

ENTRY AND ORDER OVERRULING THE COMMISSIONERS OBJECTIONS (Doc. # 26 ) TO THE MAGISTRATE JUDGES REPORT AND RECOMMENDATIONS REGARDING ATTORNEYS FEES; ADOPTING THE MAGISTRATE JUDGES REPORT AND RECOMMENDATIONS REGARDING ATTORNEYS' FEES (Doc. # 25 ) IN ITS ENTIRETY; AND AWARDING $2,502.99 IN ATTORNEYS' FEES TO MULLINS. Signed by Judge Thomas M Rose on 02/27/12. (pb1)

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

Case No. 3:10-cv-404

vs.

Judge Thomas M. Rose

MICHAEL J. ASTRUE,
Commissioner of Social Security,

Magistrate Judge Michael R. Merz

Defendant.
______________________________________________________________________________
ENTRY AND ORDER OVERRULING THE COMMISSIONER’S
OBJECTIONS (Doc. #26) TO THE MAGISTRATE JUDGE’S REPORT
AND RECOMMENDATIONS REGARDING ATTORNEYS’ FEES;
ADOPTING THE MAGISTRATE JUDGE’S REPORT AND
RECOMMENDATIONS REGARDING ATTORNEYS’ FEES (Doc. #25) IN
ITS ENTIRETY; AND AWARDING $2,502.99 IN ATTORNEYS’ FEES TO
MULLINS
______________________________________________________________________________
Plaintiff Eric Mullins (“Mullins”) seeks attorneys’ fees in the amount of $3,150.31. (Doc.
#21.) On February 2, 2012, United States Magistrate Judge Michael R. Merz entered a Report
and Recommendations (doc. #25) recommending that attorneys’ fees in the amount of $2,502.99
be awarded to Mullins. The Commissioner objected to this award (doc. #26) and Mullins has
responded to the Commissioner’s objections (doc. #27). This matter is, therefore, ripe for
decision.
As required by 28 U.S.C. §636(b) and Federal Rules of Civil Procedure Rule 72(b), the
District Judge has made a de novo review of the record in this case. Based upon the reasoning
and citations of authority set forth in the Magistrate Judge’s Report and Recommendations (doc.

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#25) and in the Commissioner’s Objections (doc. #26) and Mullins’ Response (doc. #27), as well
as upon a thorough de novo review of this Court’s file, including the Administrative Transcript,
and a thorough review of the applicable law, this Court adopts the aforesaid Report and
Recommendations in its entirety. Mullins is awarded attorneys’ fees in the amount of $2,502.99.
Finally, the captioned cause is hereby again ordered terminated upon the docket records
of the United States District Court for the Southern District of Ohio, Western Division, at
Dayton.
DONE and ORDERED in Dayton, Ohio, this Twenty-Seventh Day of February, 2012.
.

s/Thomas M. Rose
_____________________________________
JUDGE THOMAS M. ROSE
UNITED STATES DISTRICT COURT

Copies furnished to: Counsel of Record

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