Newby v. Commissioner Social Security Administration

Filing 41

ORDER: Adopting Judge Clarke's Findings and Recommendation 35 . Plaintiff's Application for Fees Pursuant to EAJA 28 is granted. Signed on 10/24/2017 by Judge Michael J. McShane. (cp)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON RYAN J. NEWBY, Plaintiff, 6:15-cv-02317-CL ORDER 1 v. CAROLYN W. COLVIN, Acting Commissioner of the Social Security Administration, Defendant. _____________________________ MCSHANE, Judge: Magistrate Judge Mark D. Clarke filed a Findings and Recommendation (ECF No. 35), and the matter is now before this court. See 28 U.S.C. § 636(b)(1)(B), Fed. R. Civ. P. 72(b). The Commissioner filed objections to the Findings and Recommendation. Accordingly, I have reviewed the file of this case de novo. See 28 U.S.C. § 636(b)(1)(c); McDonnell Douglas Corp. 1 Attorney Nancy Meserow informed the Court the order granting fees in places misspelled her name. That order is stricken and replaced with this order containing the correct spelling. 1 –ORDER v. Commodore Bus. Mach., Inc., 656 F.2d 1309, 1313 (9th Cir. 1981). I find no error and conclude the report is correct. Magistrate Judge Clarke’s Findings and Recommendation (ECF No. 35) is adopted. EAJA fees in the amount of $14,122.54 are awarded to Plaintiff in care of his attorney, Nancy J. Meserow, and the check for EAJA fees shall be made payable to Nancy J. Meserow, based upon Plaintiff’s assignment of these amounts to Plaintiff’s attorney Nance J. Meserow, subject to the satisfaction of Plaintiff’s debts, if any, under Astrue v. Ratliff, 130 S. Ct. 2521 (2010). In addition, Plaintiff is awarded $9.00 for postage expenses and $10.00 in photocopying costs pursuant to 28 U.S.C. 1920. Any check issued for EAJA fees or for costs and expenses shall be sent to Plaintiff in care of his attorney, Nancy J. Meserow, at her office, located at the following address: Law Office of Nancy J. Meserow 7540 SW 51st Ave. Portland Or 97210 IT IS SO ORDERED. DATED this 24th day of October, 2017. _______/s/ Michael J. McShane________ Michael McShane United States District Judge 2 –ORDER

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