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Bishop v. Astrue

United States District Court, Sixth Circuit

June 4, 2013

ANTHONY BISHOP, Plaintiff,
v.
MICHAEL J. ASTRUE, COMMISSIONER OF SOCIAL SECURITY, Defendant.

ORDER

GREGORY F. VAN TATENHOVE, District Judge.

This matter is before the Court on the Report and Recommendation [R. 23] filed by United States Magistrate Judge Edward B. Atkins. The Report and Recommendation addresses Plaintiff Anthony Bishop's Application for Fees and Expenses pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412(d). Judge Atkins advises that Bishop's Application be granted in the amount of $2, 635.00 in fees and $415.00 in costs. [R. 23, at 1.]

Judge Atkins' Report also advises the parties that any objections must be filed within fourteen (14) days of service. [ Id. ] The time to file objections has passed, and neither party has objected nor sought an extension of time to do so.

Generally, this Court must make a de novo determination of those portions of the Report and Recommendation to which objections are made. 28 U.S.C. § 636(b)(1)(c). When no objections are made, this Court is not required to "review... a magistrate's factual or legal conclusions, under a de novo or any other standard...." See Thomas v. Arn, 474 U.S. 140, 151 (1985). Parties who fail to object to a magistrate's report and recommendation are also barred from appealing a district court's order adopting that report and recommendation. United States v. Walters, 638 F.2d 947 (6th Cir. 1981). Nevertheless, this Court has examined the record, and agrees with the Magistrate Judge's Report and Recommendation.

Accordingly, the Court being sufficiently and otherwise advised, it is hereby ORDERED as follows:

(1) The Magistrate Judge's Report and Recommendation [R. 23] is ADOPTED as the opinion of this Court; and

(2) Bishop's Application for Fees and Expenses pursuant to the Equal Access to Justice Act [R. 19; R. 21] is GRANTED.


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