Coulter v. Commissioner of Social Security

Filing 43

ORDER Adopting in Full the Findings and Recommendations 42 Granting Counsel's Motion for Attorney Fees 35 pursuant to 42 USC 406(b), signed by District Judge Anthony W. Ishii on 11/25/13. (Verduzco, M)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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TERRY COULTER,

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Plaintiff,
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v.
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COMMISSIONER OF SOCIAL SECURITY, )
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Defendant.
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Case No.: 1:10-cv-01937 - AWI - JLT
ORDER ADOPTING IN FULL THE FINDINGS
AND RECOMMENDATIONS GRANTING
COUNSEL’S MOTION FOR ATTORNEY FEES
PURSUANT TO 42 U.S.C. § 406(b)
(Docs. 35, 42)

Sengthiene Bosavanh, attorney for Plaintiff Terry Coulter (“Counsel”), requested an award of

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attorney fees pursuant to 42 U.S.C. § 406(b). (Doc. 35.) Neither Plaintiff nor the Commissioner of

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Social Security opposed the motion. On November 8, 2013, the Magistrate Judge recommended that

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Counsel’s motion be granted. (Doc. 42.)

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The parties were granted fourteen days from the date of service, or until November 22, 2013 to

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file objections to the Findings and Recommendations. However, no objections were filed. In

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accordance with the provisions of 28 U.S.C. § 636 (b)(1)(C) and Britt v. Simi Valley United School

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Dist., 708 F.2d 452, 454 (9th Cir. 1983), this Court has conducted a de novo review of the case.

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Having carefully reviewed the entire file, the Court finds that the Findings and Recommendation are

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supported by the record and by proper analysis.

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Accordingly, IT IS HEREBY ORDERED:

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1.

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The Findings and Recommendations filed November 8, 2013 (Doc. 42) are
ADOPTED IN FULL;
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Counsel’s motion for attorney fees pursuant to 24 U.S.C. §406(b) is GRANTED; and

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3.

The Commissioner is DIRECTED to pay the funds available, totaling $15,084.23,
directly to Counsel; and

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If Counsel receives, or has received, the $7,712.40 previously authorized by this Court
under the EAJA, Counsel SHALL immediately reimburse this amount to Plaintiff.

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IT IS SO ORDERED.

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Dated: November 25, 2013

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SENIOR DISTRICT JUDGE

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