Fanlo v. Berryhill

Filing 26

ORDER Adopting Report and Recommendation; and ORDER Awarding Attorney Fees. The Court has reviewed the R&R (Docket no. 25 ), finds it to be correct, and adopts it. The joint motion for fees (Docket no. 24 ) is granted. The Court awards $3,617.77 under the EAJA, and no costs under 28 U.S.C. § 1920, to be paid subject to the terms of the joint motion. Signed by Chief Judge Larry Alan Burns on 2/20/2020. (jdt)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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JON PAUL FANLO,

Case No.: 17cv1617-LAB (BLM)
Plaintiff,

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v.

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NANCY A. BERRYHILL, Acting
Comm'r of Social Security,

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ORDER ADOPTING REPORT
AND RECOMMENDATION; AND
ORDER AWARDING
ATTORNEY’S FEES

Defendant.

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Judge Major issued her report and recommendation (the “R&R”), which

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recommended an award of attorney’s fees and expenses pursuant to the Equal

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Access to Justice Act (EAJA), and costs as provided by 28 U.S.C. § 1920. No

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objections to the R&R were filed.

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A district court has jurisdiction to review a Magistrate Judge's report and

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recommendation on dispositive matters. Fed. R. Civ. P. 72(b). “The district judge

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must determine de novo any part of the magistrate judge's disposition that has

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been properly objected to.” Id. “A judge of the court may accept, reject, or modify,

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in whole or in part, the findings or recommendations made by the magistrate

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judge.” 28 U.S.C. § 636(b)(1). This section does not require some lesser review by
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17cv1617-LAB (BLM)

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the district court when no objections are filed. Thomas v. Arn, 474 U.S. 140, 149–

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50 (1985). The “statute makes it clear that the district judge must review the

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magistrate judge's findings and recommendations de novo if objection is made,

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but not otherwise.” United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir.

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2003) (en banc) (emphasis in original).

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The Court has reviewed the R&R, finds it to be correct, and ADOPTS it. The

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joint motion for fees (Docket no. 24) is GRANTED. The Court awards $3,617.77

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under the EAJA, and no costs under 28 U.S.C. § 1920, to be paid subject to the

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terms of the joint motion.

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IT IS SO ORDERED.

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Dated: February 20, 2020

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Hon. Larry Alan Burns
United States District Judge

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17cv1617-LAB (BLM)