Opinion
Case No. 3:12-CV-112
2013-09-17
KATHY STURGILL, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.
District Judge Thomas M. Rose
Magistrate Judge Michael J. Newman
ORDER ADOPTING REPORT AND RECOMMENDATION (DOC. 19)
Before the Court is the Report and Recommendation of Magistrate Judge Michael J. Newman (doc. 19), concerning a request by Plaintiff's counsel for an award of attorney's fees under the Equal Access to Justice Act ("EAJA"), 28 U.S.C. § 2412(d). Doc. 16. Magistrate Judge Newman recommended that counsel be awarded the $3,366.09 referenced in the joint stipulation counsel filed with the Commissioner of Social Security. See doc. 18. Neither Plaintiff's counsel nor the Commissioner has opposed the Report and Recommendation, and the time for doing so has expired. Having carefully reviewed this matter, and considered the Magistrate Judge's Report and Recommendation de novo as required by Fed. R. Civ. P. 72(b), the Court rules as follows:
1. The Magistrate Judge's Report and Recommendation dated August 27, 2013 (doc. 19) is AFFIRMED;
2. The parties' joint stipulation referencing EAJA fees in the amount of $3,366.09 to Plaintiff's counsel (doc. 18) is GRANTED, and Plaintiff's counsel is AWARDED the sum of $3,366.09;
3. The motion for EAJA fees filed by Plaintiff's counsel (doc. 16), filed prior to the submission of the joint stipulation, is DENIED AS MOOT.
This matter is hereby TERMINATED on the docket of this Court.
IT IS SO ORDERED.
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Thomas M. Rose
United States District Judge