Opinion
CaseNo.3:11cv00218
02-19-2014
PHYLLIS KENNEDY, Plaintiff, v. CAROLYN W. COLVIN, Acting Commissioner of the Social Security Administration, Defendant.
District Judge Walter Herbert Rice
Chief Magistrate Judge Sharon L. Ovington
DECISION AND ORDER
This case is before the Court upon the Motion For Attorney Fees Under Equal Access To Justice Act, 28 U.S.C. §2412(d) filed by Plaintiff's attorney. (Doc. #26). 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 $11,242.31. (Doc. #26, PageID at 157-58, 161). 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 the Motion seeks.
Accordingly, the Court hereby ORDERS that:
1. The Motion For Allowance Of Attorney Fees (Doc. #26) is GRANTED;
2. The Commissioner shall pay Plaintiffs attorney fees pursuant to 28 U.S.C. §2412(d) in the amount of $11,242.31; and
3. The case remains terminated on the docket of this Court.
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Walter Herbert Rice
United States District Judge