Summary
finding Commissioner's defense of clear procedural error, and alternative contention that the error was harmless, was not substantially justified
Summary of this case from Moss v. ColvinOpinion
Civil Action 2:09-cv-00475.
January 12, 2011
ORDER
This matter is before the Court for consideration of the December 17, 2010, Report and Recommendation of the Magistrate Judge (ECF No. 30). The Magistrate Judge recommended that the Court grant Plaintiff's Motion for Attorney Fees Under the Equal Access to Justice Act (ECF No. 28) and award Plaintiff fees in the amount of $2,156.25.
The Report and Recommendation of the Magistrate Judge specifically advises parties that the failure to object to the Report and Recommendation within fourteen days of the Report results in a "waiver of the right to de novo review by the District Judge and waiver of the right to appeal the judgment of the District Court." (ECF No. 30 at 15-16). The time period for filing objections to the Report and Recommendation has expired. Defendant has not objected to the Report and Recommendation.
The Court reviewed the Report and Recommendation of United States Magistrate Judge Elizabeth A. Preston Deavers, to whom this case was referred. Noting that no objections have been filed and that the time for filing such objections has expired, the Court ADOPTS the Report and Recommendation of the Magistrate Judge. Accordingly, the Court GRANTS Plaintiff's Motion for Attorney Fees Under the Equal Access to Justice Act (ECF No. 28) and AWARDS Plaintiff fees in the amount of $2,156.25.
Consistent with the language in the Report and Recommendation, the Court awards fees directly to Plaintiff and issues no directive as to the direction Defendant must pay these fees.
IT IS SO ORDERED.
DATED: January 12, 2011