Embernate v. Commissioner of Social Security

Filing 30

ORDER signed by District Judge John A. Mendez on 10/6/20 ADOPTING 29 Findings and Recommendations and GRANTING 26 Motion for Attorney Fees. Counsel for plaintiff is awarded the $9,064.50 in attorney fees under § 406 (b). (Kaminski, H)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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CHERRELYN EMBERNATE,

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No. 2:17-cv-0040 JAM DB

Plaintiff,

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v.

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ORDER

ANDREW SAUL, Commissioner of Social
Security1,

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Defendant.

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This action was referred to a United States Magistrate Judge pursuant to 28 U.S.C. ' 636

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and Local Rule 302(c)(15).
On June 19, 2020, the magistrate judge filed findings and recommendations herein which

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were served on all parties and which contained notice that any objections to the findings and

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recommendations were to be filed within thirty days after service of the findings and

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recommendations. The thirty-day period has expired, and no party has filed objections to the

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findings and recommendations.

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Andrew Saul became the Commissioner of the Social Security Administration on June 17, 2019.
See https://www.ssa.gov/agency/commissioner.html (last visited by the court on July 30, 2019).
Accordingly, Andrew Saul is substituted in as the defendant in this action. See 42 U.S.C. §
405(g) (referring to the “Commissioner’s Answer”); 20 C.F.R. § 422.210(d) (“the person holding
the Office of the Commissioner shall, in his official capacity, be the proper defendant”).
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The court has reviewed the file and finds the findings and recommendations to be

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supported by the record and by the magistrate judge’s analysis.

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Accordingly, IT IS HEREBY ORDERED that:

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1. The findings and recommendations filed June 19, 2020 (ECF No. 29) are adopted in

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full;
2. Plaintiff’s March 26, 2020 motion for attorney fees under 42 U.S.C. § 406(b), (ECF
No. 26), is granted; and
3. Counsel for plaintiff is awarded the $9,064.50 in attorney fees under § 406(b).

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DATED: October 6, 2020

/s/ John A. Mendez
THE HONORABLE JOHN A. MENDEZ
UNITED STATES DISTRICT COURT JUDGE

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