Iserloth v. Colvin

Filing 31

ORDER: IT IS ORDERED that Judge Johnston's 30 Findings and Recommendations, are ADOPTED IN FULL. IT IS FURTHER ORDERED that Iserloth shall recover attorney's fees under the Equal Access to Justice Act in the amount of $7,042.09. IT IS FURTHER ORDERED that Iserloth's 20 Application for an Award of Equal Access to Justice Act Fees is GRANTED. Signed by Judge Brian Morris on 3/21/2019. (ACC)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
GREAT FALLS DIVISION
MIKE EDWIN ISERLOTH,
Plaintiff,

CV 16-114-GF-BMM

vs.
NANCY BERRYHILL, Acting
Commissioner of Social Security,

ORDER ADOPTING MAGISTRATE
JUDGE’S FINDINGS AND
RECOMMENDATIONS

Defendant.

Magistrate Judge John Johnston issued an Order denying Plaintiff Mike
Iserloth’s application for an award of attorney’s fees and costs on April 18, 2018.
(Doc. 30.) The Ninth Circuit Court of Appeals vacated Judge Johnston’s April 18,
2018 Order. The Ninth Circuit determined that Judge Johnston lacked jurisdiction
to issue an Order regarding Iserloth’s application for attorney’s fees and costs. The
Ninth Circuit determined that Iserloth’s application had been referred to Judge
Johnston for Findings and Recommendations. The Ninth Circuit remanded the case
for further proceedings (Doc. 28 at 1.)
Judge John Johnston reassessed Iserloth’s application for attorney’s fees and
costs. Judge Johnston entered Findings and Recommendations in this matter on
March 5, 2019. (Doc. 20.) Judge Johnston determined that Iserloth should recover
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attorney’s fees in the amount of $7,042.09. Judge Johnston recommended that
Iserloth’s Application for an Award of Equal Access to Justice Act Fees (Doc. 20)
be granted. Neither party filed objections.
Given that no objections were filed, the Court has reviewed Judge
Johnston’s Findings and Recommendations for clear error. McDonnell Douglas
Corp. v. Commodore Bus. Mach., Inc., 656 F.2d 1309, 1313 (9th Cir. 1981). The
Court finds no error in Judge Johnston’s Findings and Recommendations, and
adopts them in full.
IT IS ORDERED that Judge Johnston’s Findings and Recommendations
(Doc. 30), are ADOPTED IN FULL.
IT IS FURTHER ORDERED that Iserloth shall recover attorney’s fees
under the Equal Access to Justice Act in the amount of $7,042.09.
IT IS FURTHER ORDERED that Iserloth’s Application for an Award of
Equal Access to Justice Act Fees (Doc. 20) is GRANTED.
DATED this 21st day of March, 2019

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