Parris v. Social Security Administration

Filing 33

ORDER by District Judge James H. Payne: affirming and adopting 32 Report and Recommendation; granting 28 Motion for Attorney Fees (cjt, Deputy Clerk)

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF OKLAHOMA GERALD L. PARRIS, Plaintiff, ) ) ) ) ) ) ) ) ) vs. NANCY A. BERRYHILL, Acting Commissioner of Social Security Administration, Defendant. Case No. 14-CV-561-JHP-SPS ORDER Plaintiff, Gerald L. Parris, has moved the court for an award of attorney fees under the Equal Access to Justice Act ("EAJA"), 28 U.S.C., §2412(d). The Commissioner objected to the amount claimed by Plaintiff. Thereafter, the plaintiff submitted a supplemental application for fees under the EAJA and amended the total award sought to $5,753.00, to include his preparation of a reply brief in response to the Commissioner’s objection. The Commissioner did not respond to the supplemental motion. Consequently, this case was referred to the United States Magistrate Judge for a Report and Recommendation. The United States Magistrate Judge entered a Report and Recommendation (Dkt.# 32) recommending that Plaintiff’s original application for attorney fees (Dkt.# 23) be deemed moot, and Plaintiff’s Supplemental Motion for Attorney Fees (Dkt.# 28) be granted, and that $5,753.00 be awarded to the Plaintiff’s attorneys. Defendant has not filed an objection to the Magistrate Judge’s Report and Recommendation within the time prescribed by law. 28 U.S.C. §636(b)(1); Fed. R. Civ. P. 72(a). This Court finds the Report and Recommendation of the Magistrate Judge (Dkt.# 32), is supported by the record. Therefore, upon full consideration of the entire record and the issues presented herein, this Court finds and orders that the Report and Recommendation entered by the United States Magistrate Judge be AFFIRMED and ADOPTED by this Court as its Findings and Order. IT IS SO ORDERED this 9th day of May, 2017.

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