Pate v. Commissioner of Social Security Administration

Filing 17

ORDER ADOPTING REPORT AND RECOMMENDATIONS 16 - The Magistrate Judge's Report and Recommendation dated November 26, 2013 16 is AFFIRMED; the parties' joint stipulation -- construed as a joint, unopposed motion for EAJA fees in the amount of $3,000.00 15 -- is GRANTED, and Plaintiffs counsel is AWARDED the sum of $3,000.00; and this matter is hereby TERMINATED on the docket of this Court. IT IS SO ORDERED. Signed by Judge Thomas M Rose on 12-20-2013. (de)

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

Case No. 3:12-CV-423

vs.
COMMISSIONER OF
SOCIAL SECURITY,

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

Defendant.

ORDER ADOPTING REPORT AND RECOMMENDATION (DOC. 16)

Before the Court is the Report and Recommendation of Magistrate Judge Michael J.
Newman (doc. 16), concerning the parties’ joint stipulation for an award of attorney’s fees under the
Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412(d). Doc. 15. Magistrate Judge Newman
recommended that Plaintiff be awarded the $3,000.00 referenced in the joint stipulation. Neither
Plaintiff’s counsel nor the Commissioner has opposed the Report and Recommendation, and the
time for doing so has expired. Having carefully reviewed this matter, the Court rules as follows:
1.

The Magistrate Judge’s Report and Recommendation dated November 26,
2013 (doc. 16) is AFFIRMED;

2. The parties’ joint stipulation -- construed as a joint, unopposed motion for
EAJA fees in the amount of $3,000.00 (doc. 15) -- is GRANTED, and
Plaintiff’s counsel is AWARDED the sum of $3,000.00; and
3. This matter is hereby TERMINATED on the docket of this Court.
IT IS SO ORDERED.

Date: December 20, 2013

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