Jette v. Colvin

Full title: WILLIAM R. JETTE, Plaintiff, v. CAROLYN W. COLVIN, Commissioner, Social…

Court: UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON

Date published: Sep 7, 2016

3:13-CV-00719-AC (D. Or. Sep. 7, 2016)

Opinion

3:13-CV-00719-AC

09-07-2016

WILLIAM R. JETTE, Plaintiff, v. CAROLYN W. COLVIN, Commissioner, Social Security Administration, Defendant.

BROWN, Judge.

ORDER

BROWN, Judge.

Magistrate Judge John V. Acosta issued Findings and Recommendation (#47) on August 9, 2016, in which he recommends this Court grant Plaintiff's Motion (#43) for Approval of Attorney Fees Pursuant to 42 U.S.C. § 406(b); award Plaintiff's counsel attorneys' fees in the amount of $17,453.75; and direct Plaintiff's counsel to refund to Plaintiff the attorneys' fees of $8,000.00 previously received by Plaintiff's counsel pursuant to the Equal Access to Justice Act (EAJA), 28 U.S.C. §2412(d). The matter is now before this Court pursuant to 28 U.S.C. § 636(b)(1)(B) and Federal Rule of Civil Procedure 72(b).

Because no objections to the Magistrate Judge's Findings and Recommendation were timely filed, this Court is relieved of its obligation to review the record de novo. See Dawson v. Marshall, 561 F.3d 930, 932 (9^th Cir. 2009). See also United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9^th Cir. 2003)(en banc). Having reviewed the legal principles de novo, the Court does not find any error.

CONCLUSION

The Court ADOPTS Magistrate Judge Acosta's Findings and Recommendation (#47). Accordingly, the Court GRANTS Plaintiff's Motion (#43) for Approval of Attorney Fees Pursuant to 42 U.S.C. § 406(b); AWARDS Plaintiff's counsel attorneys' fees in the amount of $17,453.75; and DIRECTS Plaintiff's counsel to refund to Plaintiff the attorneys' fees of $8,000.00 previously received by Plaintiff's counsel pursuant to the EAJA.

IT IS SO ORDERED.

DATED this 7^th day of September, 2016.

/s/ Anna J. Brown

ANNA J. BROWN

United States District Judge