Opinion
Case No. 1:09-cv-51 (WLS).
April 26, 2011
ORDER
Before the Court is a Report and Recommendation from United States Magistrate Judge Thomas Q. Langstaff, filed April 8, 2011. (Doc. 18). It is recommended that Plaintiff's Motion for Attorney's Fees, filed pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412(d), and the Social Security Act, 18 U.S.C. § 406(b) (Doc. 16), be granted and that compensation for attorney's fees in the amount of $5,905.87 be forwarded to Plaintiff's attorney. (Doc. 18 at 2).
This total is based on an hourly rate of $174.73 for 33.80 attorney work hours. (Doc. 16-1 at 4).
The Report and Recommendation provided the Parties with fourteen (14) days from the date of its service to file written objections to the recommendations therein. ( Id.). The period for objections expired on Monday, April 25, 2011, and no objections have been filed to date. ( See generally Docket).
The Parties were given an additional three days because service was made by mail. See Fed.R.Civ.P. 6(d) (adding three days to specified period within which a party may act if service is made under Rule 5(b)(2)(C) by mailing process to a party's last known address).
Upon full review and consideration of the record, the Court therefore finds that said Report and Recommendation (Doc. 18) should be, and hereby is, ACCEPTED, ADOPTED and made the Order of this Court for reason of the findings made and reasons stated therein. Accordingly, Defendant is ORDERED to forward payment in the amount of $5,905.87 to Plaintiff's attorney by direct deposit.