Beatty v. Commissioner of Social Security et al

Filing 32

MEMORANDUM ADOPTING REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE. Signed by Judge Michael H. Schneider on 7/1/2010. (pad, )

United States District Court
E A S T E R N DISTRICT OF TEXAS S H E R M A N DIVISION

DAVID W. BEATTY V. COMMISSIONER OF SOCIAL SECURITY ADMINISTRATION

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CASE NO. 4:08cv404 (Judge Schneider/Judge Mazzant)

MEMORANDUM ADOPTING REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE Came on for consideration the report of the United States Magistrate Judge in this action, this matter having been heretofore referred to the United States Magistrate Judge pursuant to 28 U.S.C. § 636. On June 9, 2010, the report of the Magistrate Judge was entered containing proposed findings of fact and recommendations that Plaintiff's Application for Attorney Fees Under the Equal Access to Justice Act should be GRANTED. Having received the report of the United States Magistrate Judge, and no objections thereto having been timely filed, this Court is of the opinion that the findings and conclusions of the Magistrate Judge are correct and adopts the same as the findings and conclusions of the Court. . It is, therefore, ORDERED that Plaintiff's Application for Attorney Fees Under the Equal Access to Justice Act (Dkt. #26) is GRANTED. Defendant shall pay ten thousand seven hundred and forty-nine dollars and seventy-three cents ($10,749.73) as reasonable attorney's fees and costs to the attorney for Plaintiff IT IS SO ORDERED.

SIGNED this 1st day of July, 2010.

____________________________________ MICHAEL H. SCHNEIDER UNITED STATES DISTRICT JUDGE