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)

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