Allen v. Commissioner of Social Security
Filing
19
REPORT AND RECOMMENDATIONS that 17 Plaintiff's MOTION for Attorney Fees be granted; the Commissioner be directed to pay Plaintiff's attorney fees pursuant to 28 U.S.C. §2412(d) in the amount of $4,699.53; and the case remain terminated on the docket of this Court. Objections to R&R due by 3/13/2015. Signed by Chief Magistrate Judge Sharon L. Ovington on 2-24-15. (mcm1)
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON
LETRICIA ALLEN,
:
Plaintiff,
:
Case No. 3:13cv00352
vs.
:
CAROLYN W. COLVIN,
Acting Commissioner of the Social
Security Administration,
Defendant.
:
District Judge Walter Herbert Rice
Chief Magistrate Judge Sharon L. Ovington
:
:
REPORT AND RECOMMENDATIONS1
This case is before the Court upon Plaintiff’s Motion Attorney Fees Under the Equal
Access to Justice Act, 28 U.S.C. §2412(d). (Doc. #17). 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 §2412(d) in the total amount of
$4,699.53. 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 §2412(d) in the amount Plaintiff’s Motion seeks.
1
Attached hereto is a NOTICE to the parties regarding objections to this Report and
Recommendations.
Accordingly, the Court hereby RECOMMENDS that:
1.
The Motion For Allowance Of Attorney Fees (Doc. #17) be GRANTED;
2.
The Commissioner be directed to pay Plaintiff’s attorney fees pursuant to 28
U.S.C. §2412(d) in the amount of $4,699.53; and
3.
The case remain terminated on the docket of this Court.
February 24, 2015
s/Sharon L. Ovington
Sharon L. Ovington
Chief United States Magistrate Judge
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).
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?