Faircloth v. Colvin

Filing 33

ORDER re: 27 Motion for Attorney Fees; adopting Report and Recommendations re 32 Report and Recommendations. The court does hereby adopt and approve the findings and recommendations set forth in the report of the United States Magistrate Judg e filed October 9, 2014. Accordingly, plaintiff's Motion for Attorney's Fees is GRANTED IN PART, and the plaintiff is AWARDED attorneys' fees in the amount of $4,875.00 (39 hours at the maximum statutory hourly rate of $125.0 0), plus costs in the amount of $350.00. The Clerk shall enter judgment accordingly for the plaintiff. The Clerk shall enter judgment accordingly for the plaintiff. IT IS SO ORDERED. Signed by Chief District Judge Rebecca Beach Smith on 10/28/14 and filed 10/29/14. Copies distributed to all parties 10/29/14. (ldab, )

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF VIRGINIA Norfolk Division ANDRE L. FAIRCLOTH, Plaintiff, CIVIL ACTION NO. CAROLYN W. 2:13cvl56 COLVIN, Commissioner of Social Security, Defendant, ORDER This matter comes before the court on plaintiff's Motion for Attorney's Fees, filed on July 1, 2014 (ECF No. 27). On July 21, 2014, this matter was referred to a United States Magistrate Judge, pursuant 636(b)(1)(B) and (C), to the provisions of 28 U.S.C. § and Rule 72(b) of the Federal Rules of Civil Procedure for report and recommendation (ECF No. the magistrate judge was filed on October 9, 31). 2014 Report of (ECF No. 32). The report recommended that plaintiff's Motion be granted in part, and that plaintiff be awarded reasonable attorneys' amount of $4,875.00, fees in the plus $350.00 in costs, pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412 ("EAJA"). By copy of the report, each party was advised of the right to file written objections to the findings and recommendations made by the magistrate judge. magistrate The court has received no objections to the judge's report and recommendation, filing same has expired. and the time for The court does recommendations set hereby adopt and approve forth in the report Magistrate Judge filed October 9, 2014. of the the findings United and States Accordingly, plaintiff's Motion for Attorney's Fees is GRANTED IN PART, and the plaintiff is AWARDED attorneys' fees in the amount of $4,875.00 (39 hours at the maximum statutory hourly rate of $125.00), plus costs in the amount of $350.00. The Clerk shall enter judgment accordingly for the plaintiff. The Clerk shall forward a copy of this Order to counsel for the parties. IT IS SO ORDERED. bl Rebecca Beach Smith Chief I Jnitcd States District Judge J&BL REBECCA BEACH CHIEF UNITED October ^0/ 2014 SMITH STATES DISTRICT JUDGE

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