Lovato v. Social Security Administration

Filing 39

ORDER ADOPTING REPORT AND RECOMMENDATIONS by Sr. District Judge Robert C. Brack ; granting 34 Motion for Attorney Fees; and adopting Report and Recommendations re 38 Report and Recommendations. (yc)

Case 1:16-cv-01309-RB-GBW Document 39 Filed 08/05/20 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO

LEO LOVATO,
Plaintiff,
vs.

No. CIV 16-01309 RB/GBW

SOCIAL SECURITY ADMINISTRATION,
Andrew Saul, Commissioner of
Social Security Administration,
Defendant.

ORDER ADOPTING MAGISTRATE JUDGE’S
PROPOSED FINDINGS AND RECOMMENDED DISPOSITION
THIS MATTER is before the Court on Plaintiff’s Motion for Order Authorizing Attorney
Fees Pursuant to 42 U.S.C. § 406(b) (Doc. 34) and the Magistrate Judge’s Proposed Findings and
Recommended Disposition (PFRD) (Doc. 38).
This case was referred to the Magistrate Judge to conduct hearings and perform legal
analysis pursuant to 28 U.S.C. § 636(b)(1)(B), (b)(3) and Virginia Beach Federal Savings & Loan
Ass’n v. Wood, 901 F.2d 849 (10th Cir. 1990). (See Doc. 27.) The Magistrate Judge filed his PFRD
recommending that Plaintiff’s Motion be granted on July 16, 2020. (Doc. 38.) Neither party filed
objections to the Magistrate Judge’s PFRD within the allotted time. Appellate review of these
issues is therefore waived. See United States v. One Parcel of Real Prop., 73 F.3d 1057, 1059–60
(10th Cir. 1996). Failure to object to the PFRD also waives the right to de novo review by the
district court. See id. at 1060; Thomas v. Arn, 474 U.S. 140, 149–150 (1985). Nevertheless, the
Court decided sua sponte to conduct a de novo review of the Magistrate Judge’s findings in this

Case 1:16-cv-01309-RB-GBW Document 39 Filed 08/05/20 Page 2 of 2

case. See One Parcel, 73 F.3d at 1061. The Court hereby concurs with all of the factual and legal
conclusions recited therein.
Wherefore, IT IS HEREBY ORDERED that the Magistrate Judge’s Proposed Findings and
Recommended Disposition (Doc. 38) are ADOPTED. Plaintiff’s Motion for Order Authorizing
Attorney Fees Pursuant to 42 U.S.C. § 406(b) (Doc. 34) is GRANTED, and the Court hereby
authorizes an award of $16,242.13 in attorney’s fees, to be paid to Plaintiff’s counsel by the
Commissioner from the funds withheld for this purpose.

________________________________
ROBERT C. BRACK
SENIOR U.S. DISTRICT JUDGE

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