Cathey v. Commissioner of Social Security

Filing 24

ORDER ADOPTING 22 FINDINGS AND RECOMMENDATIONS re 20 Motion for Attorney Fees signed by District Judge Lawrence J. O'Neill on 5/6/2013. (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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DONALD CATHEY,
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Plaintiff,
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v.
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CAROLYN W. COLVIN, Commissioner
of Social Security,

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Defendant.
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1:10-cv-1562 LJO-BAM
ORDER ADOPTING FINDINGS
AND RECOMMENDATIONS RE:
PLAINTIFF’S MOTION FOR ATTORNEYS’
FEES
(Document 23)

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On August 27, 2010, Plaintiff, Donald Cathey, filed the present action for judicial review of
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the denial of Social Security benefits. (Doc. 1). Plaintiff’s appeal was granted and his case was
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remanded to the Administrative Law Judge to conduct further proceedings. (Docs. 17, 18).
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Subsequently, Plaintiff filed a Motion for Attorneys’ Fees. (Doc. 20). On March 25, 2013, the
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Magistrate Judge issued Findings and Recommendations recommending that Plaintiff’s Motion for
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Attorneys’ Fees be GRANTED IN PART. (Doc. 23). The Findings and Recommendations were
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served on all parties and contained notice that any objections were to be filed within fifteen days (15)
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days. The Commissioner filed her objections on May 2, 2013. (Doc. 23).
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In accordance with the provisions of 28 U.S.C. § 636 (b)(1)(c), this Court has conducted a
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de novo review of the case. Having carefully reviewed the entire file, including any objections, the
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Court finds that the Findings and Recommendations are supported by the record and proper analysis.
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Accordingly, IT IS HEREBY ORDERED that:

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The Findings and Recommendations dated August 30, 2011 (Doc. 21), are
ADOPTED IN FULL; and

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2.

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This amount should be payable to Plaintiff pursuant to Astrue v. Ratliff, 130 S. Ct. 2521

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Plaintiff’s counsel is entitled to an award in the total amount of $6,742.53.

(2010).

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IT IS SO ORDERED.

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Dated:

May 6, 2013

/s/ Lawrence J. O'Neill
66h44d
UNITED STATES DISTRICT JUDGE

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