Christian v. Commissioner of Social Security

Filing 19

REPORT AND RECOMMENDATIONS: 18 Plaintiff's MOTION for Allowance of Attorney Fees be granted; the Commissioner be directed to pay Plaintiff's attorney fees in the amount of $5,523.67; and the case remain terminated on the docket of this Court. Objections to R&R due by 7/27/2015. Signed by Chief Magistrate Judge Sharon L. Ovington on 7-9-15. (mcm1)

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

:
:
Case No. 3:12cv00194

vs.

:

CAROLYN W. COLVIN,
Commissioner of the Social
Security Administration,
Defendant.

:

District Judge Thomas M. Rose
Chief Magistrate Judge Sharon L. Ovington

:
:

REPORT AND RECOMMENDATIONS1

This case is before the Court upon the Motion For Allowance Of Attorney Fees filed
by Plaintiff’s attorney. (Doc. #18). The Commissioner has neither responded to nor
opposed the Motion, and the time for filing a Memorandum in Opposition has expired. See
S.D. Ohio Civ. R. 7.2(a)(2).
The Motion seeks an award of attorney fees under 42 U.S.C. §406(b)(1) in the total
amount of $5,523.67. In the absence of a response or opposition by the Commissioner, the
Motion, Memorandum, and supporting Exhibits establish that an award of attorney fees is
warranted under 42 U.S.C. §406(b)(1) in the amount the Motion seeks.

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Attached hereto is a NOTICE to the parties regarding objections to this Report and
Recommendations.

IT IS THEREFORE RECOMMENDED THAT:
1.

The Motion For Allowance Of Attorney Fees (Doc. #18) be GRANTED;

2.

The Commissioner be directed to pay Plaintiff’s attorney fees pursuant to 42
U.S.C. §406(b)(1) in the amount of $5,523.67; and

3.

The case remain terminated on the docket of this Court.

July 9, 2015
s/Sharon L. Ovington
Sharon L. Ovington
Chief United States Magistrate Judge

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NOTICE REGARDING OBJECTIONS
Pursuant to Fed. R. Civ. P. 72(b), any party may serve and file specific, written
objections to the proposed findings and recommendations within FOURTEEN days after
being served with this Report and Recommendations. Pursuant to Fed. R. Civ. P. 6(d), this
period is extended to SEVENTEEN days because this Report is being served by one of the
methods of service listed in Fed. R. Civ. P. 5(b)(2)(C), (D), (E), or (F). Such objections
shall specify the portions of the Report objected to and shall be accompanied by a
memorandum of law in support of the objections. If the Report and Recommendation is
based in whole or in part upon matters occurring of record at an oral hearing, the objecting
party shall promptly arrange for the transcription of the record, or such portions of it as all
parties may agree upon or the Magistrate Judge deems sufficient, unless the assigned District
Judge otherwise directs. A party may respond to another party’s objections within
FOURTEEN days after being served with a copy thereof.
Failure to make objections in accordance with this procedure may forfeit rights on
appeal. See Thomas v. Arn, 474 U.S. 140 (1985); United States v. Walters, 638 F.2d 947,
949-50 (6th Cir. 1981).

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