Allen v. Commissioner Social Security Administration

Filing 37

ORDER. The Court ADOPTS Magistrate Judge You's F&R 34 . Accordingly, Plaintiff's Motion for EAJA Fees 30 is GRANTED. IT IS SO ORDERED. Signed on 2/15/2018 by Judge Marco A. Hernandez. (pvh)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON

CHRISTOPHER JAMES ALLEN,
Plaintiff,

No. 6:15-cv-01215-YY
ORDER

v.

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

HERNÁNDEZ, District Judge:
Magistrate Judge Youlee Yim You issued a Findings and Recommendation (“F&R”) [34]
on October 23, 2017, in which she recommends that the Court grant Plaintiff’s Motion for

1 – ORDER

Attorney Fees Under 28 U.S.C. § 2412(d) [30], the Equal Access to Justice Act (“EAJA”), for
$4,836.44.
Because neither party timely filed an objection to the Magistrate Judge’s F&R, 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. 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 You’s F&R [34]. Accordingly, Plaintiff’s
Motion for EAJA Fees [30] is GRANTED.
IT IS SO ORDERED.

DATED this

day of

, 2018.

____________________________________
MARCO A. HERNÁNDEZ
United States District Judge

2 – ORDER