Baker v. Commissioner, SSA

Filing 29

MEMORANDUM ADOPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE for 23 Report and Recommendations. Plaintiff's request to withdraw the Application (see Dkt. #22) is GRANTED, and Plaintiff's Application for Attorney Fees Under the Equal Access to Justice Act (Dkt. #20) is hereby WITHDRAWN. Signed by District Judge Amos L. Mazzant, III on 4/3/2018. (daj, )

United States District Court
EASTERN DISTRICT OF TEXAS
SHERMAN DIVISION

COLONEL BAKER,

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Plaintiff,
v.
COMMISSIONER, SSA,
Defendant.

CIVIL ACTION NO. 4:17-CV-00019
JUDGE MAZZANT/JUDGE JOHNSON

MEMORANDUM ADOPTING REPORT AND
RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE
Came on for consideration the report of the United States Magistrate Judge in this action,
this matter having been heretofore referred to the Magistrate Judge pursuant to 28 U.S.C. § 636.
On January 4, 2018, the report of the Magistrate Judge (Dkt. #23) was entered containing proposed
findings of fact and recommendations that Plaintiff’s Application for Attorney Fees Under the
Equal Access to Justice Act (the “Application”) (Dkt. #20) should be denied. Defendant opposed
the Application because it was not timely filed. See Dkt. #21. Thereafter, Plaintiff sought to
withdraw the Application. See Dkt. #22.
Having received the report of the United States Magistrate Judge, and no objections thereto

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having been timely filed, the Magistrate Judge's report is adopted in part. Plaintiff’s request to
withdraw the Application (see Dkt. #22) is GRANTED, and Plaintiff's Application for Attorney
Fees Under the Equal Access to Justice Act (Dkt. #20) is hereby WITHDRAWN.
IT IS SO ORDERED.

SIGNED this 3rd day of April, 2018.

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AMOS L. MAZZANT
UNITED STATES DISTRICT JUDGE