Opinion
Case No. 14-12779
01-26-2016
Darryl Dean Wegrzyn, Plaintiff, v. Commissioner of Social Security, Defendant.
ORDER ADOPTING R&R AND GRANTING MOTION FOR ATTORNEY FEES
In this Social Security Disability appeal, Plaintiff filed a motion for attorney fees under the Equal Access to Justice Act, which was referred for a report and recommendation by the magistrate judge. On January 5, 2016, Magistrate Judge Steven Whalen issued a Report and Recommendation ("R&R") wherein he recommends that the Court grant Plaintiff's motion "and that Plaintiff be awarded $4,055.89 in attorney fees, plus the $400.00 filing fee, for a total of $4,455.89." (D.E. No. 18 at 5).
Pursuant to FED. R. CIV. P. 72(b), a party objecting to the recommended disposition of a matter by a Magistrate Judge must filed objections to the R&R within fourteen (14) days after being served with a copy of the R&R. "The district judge to whom the case is assigned shall make a de novo determination upon the record, or after additional evidence, of any portion of the magistrate judge's disposition to which specific written objection has been made." Id.
The time for filing objections to the R&R has expired and the docket reflects that neither party has filed objections to the R&R. The Court hereby ADOPTS the January 5, 2016 R&R. The Court ORDERS that Plaintiff's motion is granted and that Plaintiff is awarded $4,055.89 in attorney fees, plus the $400.00 filing fee, for a total of $4,455.89. The Court further directs Plaintiff's Counsel to submit a proposed order to the Court.
IT IS SO ORDERED.
S/Sean F. Cox
Sean F. Cox
United States District Judge Dated: January 26, 2016 I hereby certify that a copy of the foregoing document was served upon counsel of record on January 26, 2016, by electronic and/or ordinary mail.
S/Jennifer McCoy
Case Manager