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Prieur v. Commissioner of Social Security

United States District Court, E.D. Michigan, Southern Division

January 12, 2015

LUKE PRIEUR, Plaintiff,
v.
COMMISSIONER OF SOCIAL SECURITY, Defendant.

ORDER (1) ADOPTING REPORT & RECOMMENDATION (ECF #27) AND (2) GRANTING PLAINTIFF'S MOTION FOR ATTORNEY FEES (ECF #23)

MATTHEW F. LEITMAN, District Judge.

On December 10, 2014, Plaintiff Luke Prieur filed a Motion for Attorney Fees pursuant to 28 U.S.C. ยง 2412(d)(1)(A). ( See the "Motion, " ECF #23.) In response, Defendant Commissioner of Social Security stated that it "ha[d] no objection to Plaintiff's request." (ECF #25 at 3, Pg. ID 780.)

On December 19, 2014, Magistrate Judge R. Steven Whalen issued a Report and Recommendation recommending that the Court grant the Motion. ( See the "R&R, " ECF #27.) The R&R stated that the parties could object to and seek review of the recommendation within fourteen days. ( See the R&R at 5, Pg. ID 788.) Neither party has objected to the R&R. Failure to file objections to the R&R waives any further right to appeal. See Howard v. Sec'y of Health and Human Servs., 932 F.2d 505 (6th Cir. 1991); Smith v. Detroit Fed'n of Teachers Local 231, 829 F.2d 1370, 1373 (6th Cir. 1987). Likewise, the failure to object to the Magistrate Judge's R&R releases the Court from its duty to independently review the matter. See Thomas v. Arn, 474 U.S. 140, 149 (1985). The Court has nevertheless reviewed the R&R and agrees with the findings and conclusions of the Magistrate Judge.

Therefore, IT IS HEREBY ORDERED that the Magistrate Judge's December 19, 2014, R&R (ECF #27) is ADOPTED as the Opinion of this Court.

IT IS FURTHER ORDERED, for the reasons stated in the R&R, that Plaintiff's December 10, 2014, Motion for Attorney Fees (ECF #23) is GRANTED.


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