United States District Court, N.D. Indiana, Fort Wayne Division
May 29, 2014
GARY MILLER, Plaintiff,
CAROLYN W. COLVIN, Acting Commissioner of Social Security, Defendant.
RESA L. SPRINGMANN, District Judge.
This matter is before the Court on a Motion by the attorney for the Plaintiff, Annette Rutkowski, seeking the Award of Attorney Fees Pursuant to the Access to Justice Act, 28 U.S.C. § 2412(d) [ECF No. 42], filed on September 28, 2012. Attorney Rutkowski requests to be awarded $6, 770.84 for work on this case in federal court. On September 12, 2013, Magistrate Judge Christopher A. Nuechterlein issued a Report and Recommendation [ECF No. 47] recommending that the Motion [ECF No. 42] be denied, as the Commissioner's position was substantially justified.
The Court, being duly advised, and with more than fourteen (14) days having passed without objection, ACCEPTS Magistrate Judge Christopher A. Nuechterlein's Recommendation [ECF No. 47] and DENIES the Plaintiff's Motion for Award of Attorney Fees [ECF No. 42].