Arvizu v. Commissioner of Social Security Administration

Filing 53

ORDER ADOPTING REPORT AND RECOMMENDATION: re: 52 Report and Recommendation. The motion for attorney's fees (Doc. 48 ) is granted. and Plaintiff's counsel is awarded attorney's fees in the amount of $43,745.25, less the $ ;11,939.12 previously received under the EAJA, resulting in a net award of $31,806.13 to be paid out of Plaintiff's past due benefits, pursuant to 42 U.S.C. 406(b). The Clerk of the Court shall enter a judgment in accordance with this Order. Signed by Judge James A Soto on 5/31/2024. (MCO)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Plaintiff,
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vs.
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Martin O’Malley, Commissioner of the)
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Social Security Administration,
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Defendant.
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Rafael Armando Arvizu,

No. CV 21-28-TUC-JAS (LCK)
ORDER

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Pending before the Court is a Report and Recommendation issued by United States

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Magistrate Judge Kimmins. A review of the record reflects that the parties have not filed any

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objections to the Report and Recommendation and the time to file objections has expired.

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As such, the Court will not consider any objections or new evidence.

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The Court has reviewed the record and concludes that Magistrate Judge Kimmins’

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recommendations are not clearly erroneous. See 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72;

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Johnson v. Zema Systems Corp., 170 F.3d 734, 739 (7th Cir. 1999); Conley v. Crabtree, 14

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F. Supp. 2d 1203, 1204 (D. Or. 1998).

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Accordingly, IT IS HEREBY ORDERED as follows:

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(1) Magistrate Judge Kimmins’ Report and Recommendation (Doc. 52) is accepted and

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adopted.

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awarded attorney's fees in the amount of $43,745.25, less the $11,939.12 previously received

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The motion for attorney's fees (Doc. 48) is granted and Plaintiff's counsel is

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under the EAJA, resulting in a net award of $31,806.13 to be paid out of Plaintiff's past due

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benefits, pursuant to 42 U.S.C. 406(b).

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(2) The Clerk of the Court shall enter a judgment in accordance with this Order.

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Dated this 31st day of May, 2024.

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