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Herron v. Astrue

August 27, 2008

CHARLOTTE HERRON, PLAINTIFF,
v.
MICHAEL J. ASTRUE, COMMISSIONER OF SOCIAL SECURITY, DEFENDANT.



The opinion of the court was delivered by: Thomas W. Phillips United States District Judge

(Phillips/Guyton)

ORDER

On August 4, 2008, the Honorable H. Bruce Guyton, United States Magistrate Judge, issued a Report and Recommendation ("R&R") [Doc. 23], in which he recommended that plaintiff's Motion for Attorney's Fees Pursuant to the Equal Access to Justice Act 28 U.S.C. Subsection 2412 [Doc. 21] be granted, due to the government's concession that its position was not substantially justified. The deadline for timely objections has passed with no such objections having been filed. Accordingly, the R&R is ACCEPTED IN WHOLE, which the court adopts and incorporates into this ruling. Plaintiff's Motion for Attorney's Fees Pursuant to the Equal Access to Justice Act 28 U.S.C. Subsection 2412 [Doc. 21] is GRANTED, whereby plaintiff is awarded attorney's fees in the amount of $3,159.00.

IT IS SO ORDERED.

20080827

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