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Johnson v. Commissioner of Social Security

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

January 22, 2015

DAJUAN A. JOHNSON, Plaintiff,
v.
COMMISSIONER OF SOCIAL SECURITY, Defendant.

ORDER ADOPTING REPORT AND RECOMMENDATION [24]

LAURIE J. MICHELSON, District Judge.

Before the Court is Magistrate Judge R. Steven Whalen's Report and Recommendation (Dkt. 24) to grant the parties' Joint Motion for an Award of Attorney Fees under the Equal Access to Justice Act (Dkt. 22) and award fees in the amount of $4, 000.00. Because Plaintiff assigned any EAJA fees to his attorney, the Magistrate Judge recommended that the fees be paid to Plaintiff's counsel after any offset for preexisting debt that the Plaintiff owes the United States government. At the conclusion of his report, the Magistrate Judge notified the parties that they were required to file any objections within 14 days of service, as provided in Federal Rule of Civil Procedure 72(b)(2) and Local Rule 72.1(d), and that "[f]ailure to file specific objections constitutes a waiver of any further right of appeal." (R&R at 19-20.) No party has filed timely objections.

Having reviewed the Report and Recommendation, and there being no timely objections, the Court ADOPTS the Report and Recommendation (Dkt. 24) as the findings and conclusions of this Court. See Thomas v. Arn, 474 U.S. 140, 149-50 (1985). It follows that the Court hereby GRANTS the Joint Motion for an Award of Attorney Fees under the Equal Access to Justice Act (Dkt. 22) and ORDERS the Commissioner to pay Plaintiff's counsel fees in the amount of $4, 000.00 after any offset.


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