LeMieux v. Social Security, Commissioner of ( 2023 )

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN NORTHERN DIVISION LANA L., Plaintiff, Case No. 1:21-cv-10051 v. Honorable Thomas L. Ludington United States District Judge KILOLO KIJAKAZI, Acting Commissioner of Social Security, Honorable Kimberly G. Altman United States Magistrate Judge Defendant. ________________________________________/ ORDER ADOPTING REPORT AND RECOMMENDATION AND GRANTING PLAINTIFF’S MOTION FOR ATTORNEY’S FEES On June 30, 2023, Magistrate Judge Kimberly G. Altman, issued a report recommending that Plaintiff’s Motion for Attorney’s Fees, ECF No. 25, be granted and that Plaintiff’s attorney be awarded $3,000 in attorney’s fees under 42 U.S.C. § 406(b). ECF No. 28. Judge Altman provided 14 days to object, but the parties did not do so. They have therefore forfeited their right to appeal Judge Altman’s findings. See Berkshire v. Dahl, 928 F.3d 520, 530–31 (6th Cir. 2019) (citing Thomas v. Arn, 474 U.S. 140, 149 (1985)). There is no clear error in the report. Accordingly, it is ORDERED that Judge Altman’s Report and Recommendation, ECF No. 28, is ADOPTED. Further, it is ORDERED that Plaintiff’s Motion for Attorney’s Fees, ECF No. 25, is GRANTED. Further, it is ORDERED that Plaintiff’s Attorney is AWARDED attorney’s fees in the amount of $3,000. This is a final order. Dated: July 17, 2023 s/Thomas L. Ludington THOMAS L. LUDINGTON United States District Judge