Opinion
Case No. 12-12071
10-08-2014
PETER MORGAN, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.
R. Steven Whalen United States Magistrate Judge
ORDER ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION (ECF NO. 31) DENYING PLAINTIFF'S APPLICATION FOR COSTS AND FEES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT (ECF NO. 26)
Before the Court is Magistrate Judge R. Steven Whalen's August 27, 2014 Report and Recommendation regarding Plaintiff's Application for Attorneys' Fees under the Equal Access to Justice Act, 28 U.S.C. § 2412 ("EAJA"). (Report and Recommendation, ECF No. 31). As set forth in the Report and Recommendation, the Magistrate Judge recommends that this Court deny Plaintiff's Application for Attorneys' Fees because the Defendant Commissioner's position as to Plaintiff's one successful claim was "substantially justified". (Id., at 5-6 (relying upon DeLong v. Comm'r of Soc. Sec., 748 F.3d 723 (6th Cir. 2014)).
Having reviewed the Report and Recommendation, and there being no timely objections from either party under 28 U.S.C. § 636(b)(1) and E.D. Mich L.R. 72.1(d), the Court ADOPTS the Report and Recommendation (ECF No. 31); and DENIES Plaintiff's Application for Attorney's Fees under the Equal Access to Justice Act (ECF No. 26).
IT IS SO ORDERED.
s/Paul D. Borman
PAUL D. BORMAN
UNITED STATES DISTRICT JUDGE
Dated: October 8, 2014
CERTIFICATE OF SERVICE
The undersigned certifies that a copy of the foregoing order was served upon each attorney or party of record herein by electronic means or first class U.S. mail on October 8, 2014.
s/Deborah Tofil
Case Manager