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AMERSON v. COMMISSIONER OF SOCIAL SECURITY, 12-14395. (2014)

Court: District Court, E.D. Michigan Number: infdco20141003b89 Visitors: 12
Filed: Sep. 30, 2014
Latest Update: Sep. 30, 2014
Summary: ORDER (1) ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION (ECF NO. 26) AND (2) DENYING AS UNTIMELY PLAINTIFF'S APPLICATION FOR COSTS AND FEES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT (ECF NO. 23) PAUL D. BORMAN, District Judge. Before the Court is Magistrate Judge David R. Grand's August 15, 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. 26).
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ORDER (1) ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION (ECF NO. 26) AND (2) DENYING AS UNTIMELY PLAINTIFF'S APPLICATION FOR COSTS AND FEES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT (ECF NO. 23)

PAUL D. BORMAN, District Judge.

Before the Court is Magistrate Judge David R. Grand's August 15, 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. 26). As set forth in the Report and Recommendation, the Magistrate Judge recommends that this Court deny Plaintiff's Application for Attorneys' Fees as untimely and finding that equitable tolling should not apply. (Id., at 3-4).

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. 26); and DENIES Plaintiff's Application for Attorney's Fees under the Equal Access to Justice Act (ECF No. 23). The Court notes that Plaintiff's counsel did not file a Reply to Defendant's Response to her Application for Attorney's fees, nor did she file an Objection to the Magistrate Judge's recommendations denying her Application for Attorney's Fees.

IT IS SO ORDERED.

Source:  Leagle

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