Friedman v. Commissioner of Social Security

Filing 19

ORDER ADOPTING REPORT AND RECOMMENDATIONS of Magistrate Judge Go. Plaintiff's motion for attorney's fees is GRANTED IN PART, and Plaintiff is awarded $2,272.05 in attorney's fees. So Ordered by Judge Nicholas G. Garaufis on 4/1/2013. (Lee, Tiffeny)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK

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ROSEMARIE FRIEDMAN,
Plaintiff,
-against-

ORDER
10-CV-0466 (NGG) (MDG)

COMMISSIONER OF SOCIAL SECURITY,
Defendant.

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NICHOLAS G. GARAUFIS, United States District Judge.
Plaintiff Rosemarie Friedman brought this action against the Commissioner of Social
Security ("the Commissioner"), seeking review and reversal of the Commissioner's denial of her
claim for Social Security disability insurance benefits. (See Compl. (Dkt. 1).) On July 16, 2010,
the court approved entry of a stipulation and order wherein the parties agreed to remand the case
for further administrative proceedings before the Social Security Administration. (Stip. & Order
(Dkt. 13).)
On August 10, 2010, Plaintiff moved for $2,524.50 in attorney's fees pursuant to the
Equal Access to Justice Act, 28 U.S.C. § 2412. (Pl. Mot for Fees (Dkt. 15).) The Commissioner
responded and asked that the award of attorney's fees be reduced. (Comm'r Resp. (Dkt. 16).)
The court referred Plaintiff's motion to Magistrate Judge Marilyn D. Go for a Report and
Recommendation ("R&R") pursuant to 28 U.S.C. § 636(b). (Nov. 9, 2012, Order.) On February
12, 2013, Judge Go recommended that Plaintiff's motion be granted, but that she be awarded
reduced fees in the amount of $2,272.05. (See R&R (Dkt. 18).) Objections to the R&R were
due by March 1, 2013. (Id.) None were filed.

In reviewing a magistrate judge's R&R, the district court "may adopt those portions of
the Report to which no objections have been made and which are not facially erroneous." La
Torres v. Walker, 216 F. Supp. 2d 157, 159 (S.D.N.Y. 2000); see also Porter v. Potter, 219 F.
App'x 112, 113 (2d Cir. 2007) (failure to object waives further judicial review). The court
reviews de novo "those portions of the report ... to which objection is made." 28 U.S.C.
§ 636(b)(l).
No objections to Judge Go's R&R have been filed and the time to do so has passed. The
court concludes that the R&R is not facially erroneous and thus adopts it in its entirety.
Plaintiffs motion for attorney's fees is GRANTED IN PART, and Plaintiff is awarded $2,272.05
in attorney's fees.
SO ORDERED.

s/Nicholas G. Garaufis
NICHOLAS G. GARAUFIS
United States District Judge

Dated: Brooklyn, New York
April _I_, 2013

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