Oliver v. Commissioner Social Security Administration

Filing 26

ORDER: The Court ADOPTS Magistrate Judge Sullivans Findings & Recommendation 24 , and therefore, Plaintiffs Motion for Attorney Fees 23 is granted. Signed on 2/21/2017 by Judge Marco A. Hernandez. (sss)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON

DALE OLIVER,
Plaintiff,

No. 3:13-cv-00449-SU

v.
ORDER
NANCY A. BERRYHILL,
Acting Commissioner of Social
Security,
Defendant.

HERNÁNDEZ, District Judge:
Magistrate Judge Sullivan issued a Findings and Recommendation [24] on January 10,
2017, in which she recommends that this Court grant Plaintiff’s Unopposed Motion for Attorney
Fees Under 42 U.S.C. § 406(b). The matter is now before the Court pursuant to 28 U.S.C. §
636(b)(1)(B) and Federal Rule of Civil Procedure 72(b).
Because no objections to the Magistrate Judge's Findings and Recommendation were
timely filed, the Court is relieved of its obligation to review the record de novo. United States v.
Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en banc); see also United States v.

1 – ORDER

Bernhardt, 840 F.2d 1441, 1444 (9th Cir. 1988) (de novo review required only for portions of
Magistrate Judge's report to which objections have been made). Having reviewed the legal
principles de novo, the Court finds no error.
CONCLUSION
The Court ADOPTS Magistrate Judge Sullivan’s Findings & Recommendation [24], and
therefore, Plaintiff’s Motion for Attorney Fees [23] is granted.
IT IS SO ORDERED.

DATED this ___________________ day of _________________________, 2017.

________________________________________________
MARCO A. HERNÁNDEZ
United States District Judge

2 – ORDER