Olivo v. Commissioner, SSA

Filing 26

MEMORANDUM ADOPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE for 25 Report and Recommendations. It is, therefore, ORDERED that Plaintiff's Application for Attorney Fees Under the Equal Access to Justice Act (Dkt. #21) should be GRANTED IN PART AND DENIED IN PART. Signed by District Judge Richard A. Schell on 1/29/2018. (daj, )

United States District Court
EASTERN DISTRICT OF TEXAS
SHERMAN DIVISION

FRANK OLIVO
v.
COMMISSIONER, SSA

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Civil Action No. 4:16-CV-919
(Judge Schell/Judge Nowak)

MEMORANDUM ADOPTING REPORT AND
RECOMMENDATION OF 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 Magistrate Judge pursuant to 28 U.S.C. § 636.
On January 11, 2018, the report of the Magistrate Judge (Dkt. #25) was entered containing
proposed findings of fact and recommendations that Plaintiff’s Application for Attorney’s Fees
Under the Equal Access to Justice Act (Dkt. #21) be granted in part and denied in part.
Having received the report of the United States Magistrate Judge, and no objections thereto
having been timely filed, the court is of the opinion that the findings and conclusions of the
Magistrate Judge are correct and adopts the Magistrate Judge’s report 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. #21) should be GRANTED IN PART AND DENIED IN PART, and
the Commissioner is ordered to pay seven thousand and eighty four dollars and seventy five cents
($7,084.75) as reasonable attorney’s fees and costs, made payable to Plaintiff, such payment to be
mailed to Plaintiff’s counsel.
IT IS SO ORDERED.

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SIGNED this the 29th day of January, 2018.

_______________________________
RICHARD A. SCHELL
UNITED STATES DISTRICT JUDGE