Weishuhn v. Saul

District Court, E.D. Michigan

Weishuhn v. Saul

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION

ZACHARIAS WEISHUHN, 2:19-CV-13258-TGB-DRG Plaintiff, HON. TERRENCE G. BERG HON. DAVID R. GRAND vs.

COMMISISONER ANDREW ORDER ADOPTING REPORT SAUL, AND RECOMMENDATION Defendant. This matter is before the Court on Magistrate Judge David R. Grand’s January 25, 2023 Report and Recommendation (ECF No. 29), recommending that Plaintiff’s Motion for Attorney Fees (ECF No. 24) be GRANTED. The Court has reviewed the Magistrate Judge’s Report and Recommendation. The law provides that either party may serve and file written objections “[w]ithin fourteen days after being served with a copy” of a report and recommendation.

28 U.S.C. § 636

(b)(1). The district court will make a “de novo determination of those portions of the report . . . to which objection is made.”

Id.

Where, as here, neither party objects to the report, the district court is not obligated to independently review the record. See Thomas v. Arn,

474 U.S. 140, 149-52

(1985). The Court will therefore accept the Magistrate’s Report and Recommendation of

January 25, 2023 as this Court’s findings of fact and conclusions of law. Accordingly, it is hereby ORDERED that Magistrate Judge Grand’s Report and Recommendation of January 25, 2023 is ACCEPTED and ADOPTED. It is FURTHER ORDERED that Plaintiff’s Motion for Attorney Fees is GRANTED. Plaintiff’s counsel shall be awarded attorney fees in the amount of $10,743.50. Plaintiff’s counsel shall reimburse Plaintiff the $6,387.50 that she received under the EAJA.

IT IS SO ORDERED this 26th day of June, 2023.

BY THE COURT:

/s/Terrence G. Berg TERRENCE G. BERG United States District Judge

Reference

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