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Miller v. Colvin

United States District Court, N.D. Indiana, Fort Wayne Division

May 29, 2014

GARY MILLER, Plaintiff,
v.
CAROLYN W. COLVIN[1], Acting Commissioner of Social Security, Defendant.

ORDER

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. ยง 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].

SO ORDERED.


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