SUTTON v. ASTRUE, 1:10cv937. (2012)
Court: District Court, S.D. Ohio
Number: infdco20120601h54
Visitors: 6
Filed: May 31, 2012
Latest Update: May 31, 2012
Summary: ORDER MICHAEL R. BARRETT, District Judge. This matter is before the Court on the Report and Recommendation filed by the Magistrate Judge on May 7, 2012 (Doc. 17). Proper notice has been given to the parties under 28 U.S.C. 636(b)(1)(C), including notice that the parties would waive further appeal if they failed to file objections to the Report and Recommendation in a timely manner. United States v. Walters, 638 F.2d 947 (6th Cir. 1981). No objections to the Magistrate Judge's Report an
Summary: ORDER MICHAEL R. BARRETT, District Judge. This matter is before the Court on the Report and Recommendation filed by the Magistrate Judge on May 7, 2012 (Doc. 17). Proper notice has been given to the parties under 28 U.S.C. 636(b)(1)(C), including notice that the parties would waive further appeal if they failed to file objections to the Report and Recommendation in a timely manner. United States v. Walters, 638 F.2d 947 (6th Cir. 1981). No objections to the Magistrate Judge's Report and..
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ORDER
MICHAEL R. BARRETT, District Judge.
This matter is before the Court on the Report and Recommendation filed by the Magistrate Judge on May 7, 2012 (Doc. 17).
Proper notice has been given to the parties under 28 U.S.C. § 636(b)(1)(C), including notice that the parties would waive further appeal if they failed to file objections to the Report and Recommendation in a timely manner. United States v. Walters, 638 F.2d 947 (6th Cir. 1981). No objections to the Magistrate Judge's Report and Recommendation have been filed.
Accordingly, it is ORDERED that the Report and Recommendation of the Magistrate Judge is hereby ADOPTED. Plaintiff's Motion for Attorney's Fees under the EAJA (Doc. 15) is GRANTED IN PART consistent with the opinion by the Magistrate Judge. Subject to any offset permitted by Astrue v. Ratliff, 560 U.S. ___, 130 S.Ct. 2521 (2010), the Commissioner shall pay directly to the Plaintiff a fee award of $3,562.50 unless both parties confirm Plaintiff did not contractually assign any fee award to his attorney and that the Plaintiff owes no debt to the Government. Otherwise, in accordance with any assignment agreement, any fee award shall be paid to Plaintiff's counsel.
IT IS SO ORDERED.
Source: Leagle
