Opinion
08-23-2013
JAMES O. MORRIS, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.
Judge Sargus
Magistrate Judge King
REPORT AND RECOMMENDATION
The parties have stipulated to an award of fees under the Equal Access to Justice Act, 28 U.S.C. § 2412, in the amount of $4,750.00. Doc. No. 24.
It is therefore RECOMMENDED that plaintiff be awarded an attorney fee in the total amount of $4,750.00 under the Equal Access to Justice Act, 28 U.S.C. § 2412. If counsel for the parties verify that plaintiff owes no pre-existing debts to the United States that are subject to offset, defendant will direct that the award be made payable to plaintiff's attorney pursuant to the attorney's fee assignment executed by plaintiff and his counsel.
If any party seeks review by the District Judge of this Report and Recommendation, that party may, within fourteen (14) days, file and serve on all parties objections to the Report and Recommendation, specifically designating this Report and Recommendation, and the part thereof in question, as well as the basis for objection thereto. 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b). Response to objections must be filed within fourteen (14) days after being served with a copy thereof. Fed. R. Civ. P. 72(b).
The parties are specifically advised that failure to object to the Report and Recommendation will result in a waiver of the right to de novo review by the District Judge and of the right to appeal the decision of the District Court adopting the Report and Recommendation. See Thomas v. Arn, 474 U.S. 140 (1985); Smith v. Detroit Fed'n of Teachers, Local 231 etc., 829 F.2d 1370 (6th Cir. 1987); United States v. Walters, 638 F.2d 947 (6th Cir. 1981).
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Norah McCann King
United States Magistrate Judge