Jette v. Social Security Administration

Filing 49

ORDER - ADOPTING Magistrate Judge Acosta's Findings and Recommendation 47 . Accordingly, the Court GRANTS Plaintiff's Motion 43 for Attorney Fees.IT IS SO ORDERED. DATED this 7th day of September, 2016, by United States District Judge Anna J. Brown (see 2-page order attached to this entry for details) (peg)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON

WILLIAM R. JETTE,
Plaintiff,

3:13-CV-00719-AC
ORDER

v.
CAROLYN W. COLVIN,
Commissioner, Social Security
Administration,
Defendant.

BROWN, Judge.
Magistrate Judge John V. Acosta issued Findings and
Recommendation (#47) on August 9, 2016, in which he recommends
this Court grant Plaintiff’s Motion (#43) for Approval of
Attorney Fees Pursuant to 42 U.S.C. § 406(b); award Plaintiff’s
counsel attorneys’ fees in the amount of $17,453.75; and direct
Plaintiff’s counsel to refund to Plaintiff the attorneys’ fees of
$8,000.00 previously received by Plaintiff’s counsel pursuant to

1 - ORDER

the Equal Access to Justice Act (EAJA), 28 U.S.C. §2412(d).

The

matter is now before this 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, this Court is relieved of its
obligation to review the record de novo.
561 F.3d 930, 932 (9th Cir. 2009).

See Dawson v. Marshall,

See also United States v.

Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003)(en banc).
Having reviewed the legal principles de novo, the Court does not
find any error.

CONCLUSION
The Court ADOPTS Magistrate Judge Acosta's Findings and
Recommendation (#47).

Accordingly, the Court GRANTS Plaintiff’s

Motion (#43) for Approval of Attorney Fees Pursuant to 42 U.S.C.
§ 406(b); AWARDS Plaintiff’s counsel attorneys’ fees in the
amount of $17,453.75; and DIRECTS Plaintiff’s counsel to refund
to Plaintiff the attorneys’ fees of $8,000.00 previously received
by Plaintiff’s counsel pursuant to the EAJA.
IT IS SO ORDERED.
DATED this 7th day of September, 2016.
/s/ Anna J. Brown
ANNA J. BROWN
United States District Judge
2 - ORDER