Myers v. Colvin

Filing 38

ORDER ADOPTING REPORT AND RECOMMENDATION TO GRANT PLAINTIFF'S MOTION FOR EAJA ATTORNEY'S FEES Re: 29 Motion for Attorney Fees, Pursuant to EAJA filed by Nicholas Myers, 34 Report and Recommendations filed by Nicholas Myers, Case Closed. Signed by Senior Judge Fred Van Sickle. (AY, Case Administrator)

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1 2 3 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WASHINGTON 4 5 6 7 8 NICHOLAS MYERS, Plaintiff, vs. 9 10 11 CAROLYN W. COLVIN, Acting Commissioner of Social Security, Defendant. 12 No. 1:14-CV-3171-FVS ORDER ADOPTING REPORT AND RECOMMENDATION TO GRANT PLAINTIFF’S MOTION FOR EAJA ATTORNEY’S FEES ECF No. 29, 34 13 14 15 BEFORE THE COURT is the Report and Recommendation issued by 16 Magistrate Judge Mary K. Dimke on July 18, 2016, ECF No. 34, recommending 17 Plaintiff’s motion for attorney fees pursuant to the EAJA, ECF No. 29, be granted. 18 19 Defendant does not object to the amount requested. ECF No. 32. Plaintiff responded 20 and Defendant agrees the Report and Recommendation contains a clerical error in 21 the total amount of fees recommended to be awarded, although the Court otherwise 22 23 24 found the fees requested are reasonable and recommended the requested amount be awarded. ECF No. 35, 36. 25 26 27 ORDER ADOPTING REPORT AND RECOMMENDATION - 1 1 2 After review, the Court adopts the Report and Recommendation in its entirety, except that the total amount of fees awarded is affirmed to be $6,450.15. In all other 3 4 5 6 respects, the Report and Recommendation is adopted. Accordingly, IT IS ORDERED: 1. The Report and Recommendation, ECF No. 34, to grant Plaintiff’s 7 8 9 10 motion for fees pursuant to the EAJA, ECF No. 29, is ADOPTED in its entirety, except that the total amount of fees awarded is affirmed to be $6,450.15. 2. The District Court Executive is directed to enter this Order, forward 11 12 13 14 15 16 copies to the parties, and close the file. DATED August 3, 2016. s/ Fred Van Sickle Fred Van Sickle Senior United States District Judge 17 18 19 20 21 22 23 24 25 26 27 ORDER ADOPTING REPORT AND RECOMMENDATION - 2

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