Opinion
No. 3:12-cv-00752-AC
07-05-2016
JUDITH HARRIET SMITH, Plaintiff, v. CAROLYN W. COLVIN, Acting Commissioner of Social Security, Defendant.
ORDER :
Magistrate Judge John Acosta issued a Findings and Recommendation [17] on May 17, 2016, in which he recommends that the Court grant Smith's petition [15] for fees pursuant to 42 U.S.C. § 406(b) in the amount of $7,595.00. Because EAJA fees in the amount of $3,870.72 have already been awarded, Judge Acosta recommends crediting those fees against the current fee award and find the amount due to counsel is $3,724.28.
Because neither party timely filed an objection to the Magistrate Judge's Findings and Recommendation, I am relieved of my obligation to review the record de novo. United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en banc); see also United States v. Bernhardt, 840 F.2d 1441, 1444 (9th Cir. 1988) (de novo review required only for portions of Magistrate Judge's report to which objections have been made). Having reviewed the legal principles de novo, I find no error.
CONCLUSION
The Court ADOPTS Magistrate Judge Acosta's Findings & Recommendation [17]. Accordingly, Smith's petition [15] for fees in the amount of $7,595.00 pursuant to 42 U.S.C. § 406(b) is granted. The amount requested includes EAJA fees previously awarded in the amount of $3,870.72. After the credit is taken for those previously paid fees, the amount due to counsel is $3,724.28.
IT IS SO ORDERED.
DATED this 5 day of July, 2016.
/s/_________
MARCO A. HERNÁNDEZ
United States District Judge