Summary
noting that in the Sixth Circuit, "the time for filing begins to run only when the underlying judgment has become final; i.e., 60 days after judgment is entered, providing that no notice of appeal or other motion under Rules 59 or 60 of the Federal Rules of Civil Procedure has been filed in the meantime."
Summary of this case from Vock v. Comm'r of Soc. Sec.Opinion
Civil Action No. 10-CV-14443
10-28-2011
LORI ANN RIOS, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.
HON.
ORDER ACCEPTING AND ADOPTING THE MAGISTRATE JUDGE'S REPORT AND
RECOMMENDATION
and
DENYING PLAINTIFF'S MOTION FOR ATTORENY FEES
This matter is presently before the Court on Magistrate Judge Charles E. Binder's Report and Recommendation ("R&R") dated October 5, 2011, in which he recommends that Plaintiff's motion for attorney fees pursuant to the Equal Access to Justice Act be denied without prejudice as premature. Plaintiff has not filed objections to the R&R, and the time to do so has expired. Thus, Plaintiff has waived any further right to appeal. Thomas v. Arn, 474 U.S. 140, 155 (1985). In any event, the Court has reviewed the record and agrees with the Magistrate Judge that Plaintiff's motion is premature. Accordingly, the Court accepts and adopts the R&R and denies Plaintiff's motion (Dkt. 16) without prejudice to Plaintiff's ability to re-file the motion at an appropriate time.
SO ORDERED.
Flint, Michigan
MARK A. GOLDSMITH
United States District Judge
CERTIFICATE OF SERVICE
The undersigned certifies that the foregoing document was served upon counsel of record and any unrepresented parties via the Court's ECF System to their respective email or First Class U.S. mail addresses disclosed on the Notice of Electronic Filing on October 28, 2011.
DEBORAH J. GOLTZ
Case Manager