Sample v. Commissioner, Social Security Administration

Filing 34

ORDER: The Court ADOPTS Magistrate Judge Stewart's Findings andRecommendation 32 . Accordingly, the Court GRANTS Plaintiffs Unopposed Motion 31 for Attorney Fees under 42 U.S.C. 406(b) and AWARDS Plaintiff attorneys fees pursuant to § 406(b) in the amount of $10,542.36. Signed on 02/25/2016 by Judge Anna J. Brown. See attached 2 page Order. (bb)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON JASON SAMPLE, 6:14-CV-01112-ST Plaintiff, ORDER v. CAROLYN W. COLVIN, Commissioner, Social Security Administration, Defendant. BROWN, Judge. Magistrate Judge Janice M. Stewart issued Findings and Recommendation (#32) on February 24, 2016, in which she recommends this Court grant Plaintiff’s Unopposed Motion (#31) for Attorney Fees pursuant to 42 U.S.C. § 406(b) and award Plaintiff attorneys’ fees pursuant to § 406(b) in the amount of $16,798.00 less $6,255.64 in attorneys’ fees previously awarded to Plaintiff in this matter under the Equal Access to Justice Act, 28 U.S.C. § 2412, for a total award of $10,542.36. 1 - ORDER 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 Stewart's Findings and Recommendation (#32). Accordingly, the Court GRANTS Plaintiff’s Unopposed Motion (#31) for Attorney Fees under 42 U.S.C. 406(b) and AWARDS Plaintiff attorneys’ fees pursuant to § 406(b) in the amount of $10,542.36. IT IS SO ORDERED. DATED this 25th day of February, 2016. /s/ Anna J. Brown ANNA J. BROWN United States District Judge 2 - ORDER

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