Barrett v. Commissioner of Social Security

Filing 22

REPORT AND RECOMMENDATIONS: 21 Plaintiff's Motion For Attorney Fees Under The Equal Access To Justice Act be GRANTED; the Commissioner be directed to Plaintiff's attorney fees in the total amount of $4,091.82; and the case remain terminated on the docket of this Court. Objections to R&R due by 11/9/2015. Signed by Chief Magistrate Judge Sharon L. Ovington on 10-22-15. (mcm)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON

LARRY BARRETT,

:

Plaintiff,

:
:

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

Case No. 3:14cv00102
District Judge Thomas M. Rose
Chief Magistrate Judge Sharon L. Ovington

:
:
:

REPORT AND RECOMMENDATIONS1

This case is before the Court upon Plaintiff’s Motion For Attorney Fees Under The
Equal Access To Justice Act, 28 U.S.C. §2412(d). (Doc. #21). The Commissioner has not
filed a Memorandum in Opposition or otherwise opposed Plaintiff’s Motion.
Plaintiff’s Motion seeks an award of attorney fees under the Equal Access To Justice
Act in the amount of $4,091.82 for attorney work performed in this case and in this Court.
In the absence of opposition by the Commissioner, Plaintiff’s Motion, Memorandum, and
supporting documents establish that an award of attorney fees is warranted under 28 U.S.C.
§2412(d) 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.

Accordingly, the Court hereby RECOMMENDED that:
1.

Plaintiff’s Motion For Attorney Fees Under The Equal Access To Justice Act,
28 U.S.C. §2412(d) (Doc. #21) be GRANTED;

2.

The Commissioner be directed to Plaintiff’s attorney fees in the total amount
of $4,091.82; and

3.

The case remain terminated on the docket of this Court.

October 22, 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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