Opinion
Case No. 13-cv-13561
08-31-2015
JESSE PAYNE, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.
ORDER ADOPTING REPORT AND RECOMMENDATION (ECF #23) AND GRANTING PLAINTIFF'S MOTION FOR ATTORNEY FEES (ECF #21)
On September 30, 2014, this Court entered a judgment in favor of Plaintiff Jesse Payne ("Payne") remanding this action to Defendant the Commissioner of Social Security (the "Commissioner") for further administrative proceedings. (See ECF #20.) Payne has now filed a motion for attorney fees pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412(d)(1)(A) (the "Motion for Attorney Fees"). (See ECF #21.) Payne requests fees of $7,800.61. (See id.)
On August 14, 2015, Magistrate Judge R. Steven Whalen issued a Report and Recommendation (the "R&R") in which he recommended that the Court grant in part the Motion for Attorney Fees, reducing Payne's requested fees by $806.44 to $6,994.17. (See ECF #23.) The Magistrate Judge also recommended that the Court award Plaintiff a filing fee in the amount of $400.00. (See id.) The R&R stated that the parties could seek review of the recommendation if they filed written objections within fourteen days. (See id. at 6, Pg. ID 452.)
Neither party has objected to the R&R. Failure to file objections to the R&R waives any further right to appeal. See Howard v. Sec'y of Health and Human Servs., 932 F.2d 505 (6th Cir. 1991); see also Smith v. Detroit Fed'n of Teachers Local 231, 829 F.2d 1370, 1373 (6th Cir. 1987). Likewise, the failure to object to the R&R releases the Court from its duty to independently review the matter. See Thomas v. Arn, 474 U.S. 140, 149 (1985). The Court has nevertheless reviewed the R&R and agrees with the findings and conclusions of the Magistrate Judge.
Therefore, IT IS HEREBY ORDERED that the Magistrate Judge's August 14, 2015, Report and Recommendation (ECF #23) is ADOPTED as the Opinion of this Court and that the Motion for Attorney Fees (ECF #21) is GRANTED IN PART AND DENIED IN PART.
IT IS FURTHER ORDERED that Payne is awarded attorney fees in the amount of $6,994.17 No later than 14 days from the date of this order, the Commissioner shall determine whether Payne owes the Government a pre-existing debt. If no such debt is owed, then payment of the fees shall be made directly to Payne's attorney. If Payne does owe a pre-existing debt, the fees shall be offset by the amount of the debt, with any remainder to be paid to Payne's attorney.
IT IS FURTHER ORDERED that Plaintiff is awarded a filing fee in the amount of $400.00.
IT IS SO ORDERED.
s/Matthew F. Leitman
MATTHEW F. LEITMAN
UNITED STATES DISTRICT JUDGE
Dated: August 31, 2015
I hereby certify that a copy of the foregoing document was served upon the parties and/or counsel of record on August 31, 2015, by electronic means and/or ordinary mail.
s/Holly A. Monda
Case Manager
(313) 234-5113