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Christopher Ayers v. Commissioner of Social Security

November 10, 2011

CHRISTOPHER AYERS, PLAINTIFF,
v.
COMMISSIONER OF SOCIAL SECURITY, DEFENDANT.



The opinion of the court was delivered by: Judge Michael R. Barrett

ORDER

This matter is before the Court on the Report and Recommendation ("Report") filed by Magistrate Judge Stephanie K. Bowman on October 18, 2011 (Doc. 23), and Plaintiff Christopher Ayers' corresponding Application for Fees and Expenses Pursuant to the Equal Access to Justice Act (Doc. 21). Proper notice has been given to the parties under Rule 72(b) of the Federal Rules of Civil Procedure, including notice that the parties would waive further appeal if they failed to file objections to the Report in a timely manner.*fn1 See United States v. Walters, 638 F.2d 947, 949-50 (6th Cir. 1981). No objection to the Report has been filed.

Having reviewed this matter de novo, this Court finds the Report to be correct. Accordingly, it is ORDERED that the Report is hereby ADOPTED in full. As the Report recommends (Doc. 23, 10), it is ORDERED that that Plaintiff's Application for Fees and Expenses (Doc. 21) is GRANTED. Plaintiff shall be AWARDED $2,645.00 in attorney fees, subject to any offset permitted by Astrue v. Ratliff, 560 U.S. ---, 130 S. Ct. 2521 (June 14, 2010).

IT IS SO ORDERED.

Michael R. Barrett United States ...

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