Summary
adopting the Magistrate's recommendation that, "[i]n light of Defendant's failure to file any opposition to Plaintiff's fee application, we find that equitable tolling would be appropriate under the circumstances"
Summary of this case from Haddix v. Soc. Sec. Admin.Opinion
Case No. 1:05cv789.
May 7, 2007
ORDER
This matter is before the Court on the Magistrate Judge's Report and Recommendation filed April 16, 2007 (Doc. 18).
Proper notice has been given to the parties under 28 U.S.C. § 636(b)(1)(C), including notice that the parties would waive further appeal if they failed to file objections to the Report and Recommendation in a timely manner. See United States v. Walters, 638 F.2d 947 (6th Cir. 1981). No objections to the Magistrate Judge's Report and Recommendation have been filed.
Having reviewed this matter de novo pursuant to 28 U.S.C. § 636, the Court finds the Magistrate Judge's Report and Recommendation to be correct.
Accordingly, it is ORDERED that the Report and Recommendation of the Magistrate Judge is hereby ADOPTED. Plaintiff's Equal Access to Justice Act (EAJA) fee petition is granted; Plaintiff's Counsel shall be awarded $2,156.25 in attorney fees and $250.00 in costs for a total award of $2,406.25. This action is closed.
IT IS SO ORDERED.