Cook v. Commissioner Social Security Administration

Filing 34

ORDER: The Court ADOPTS Magistrate Judge Beckerman's Amended Findings & Recommendation 31 , and therefore, Plaintiff's request for Equal Access to Justice Act attorney's fees is granted in part in the amount of $4,659.25. IT IS SO ORDERED. Signed on 10/24/2017 by Judge Marco A. Hernandez. (gw)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON MARLA J. COOK, No. 3:15-cv-01891-SB Plaintiff, ORDER v. NANCY A. BERRYHILL, Acting Commissioner of Social Security Administration, Defendant. HERNÁNDEZ, District Judge: Magistrate Judge Stacie Beckerman issued an Amended Findings and Recommendation [31] on September 9, 2017, in which she recommends that the Court grant in part Plaintiff’s Motion for Attorney Fees Under 28 U.S.C. § 2412(d) [24]. Plaintiff has timely filed objections [30] to the Amended Findings & Recommendation. The matter is now before the Court pursuant to 28 U.S.C. § 636(b)(1) and Federal Rule of Civil Procedure 72(b). 1 – ORDER When a party objects to any portion of the Magistrate Judge’s Findings & Recommendation, the district court must make a de novo determination of that portion of the Magistrate Judge’s report. 28 U.S.C. § 636(b)(1); Dawson v. Marshall, 561 F.3d 930, 932 (9th Cir. 2009); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en banc). The Court has carefully considered Plaintiff’s objections and concludes there is no basis to modify the Findings & Recommendation. The Court has also reviewed the pertinent portions of the record de novo and finds no errors in the Magistrate Judge’s Findings & Recommendation. CONCLUSION The Court ADOPTS Magistrate Judge Beckerman’s Amended Findings & Recommendation [31], and therefore, Plaintiff’s request for Equal Access to Justice Act attorney’s fees is granted in part in the amount of $ 4,659.25. IT IS SO ORDERED. DATED this day of , 2017. ____________________________________ MARCO A. HERNÁNDEZ United States District Judge 2 – ORDER

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