Clester v. Commissioner of Social Security

Full title: SUSAN CLESTER, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant

Court: United States District Court, D. Oregon

Date published: Jan 31, 2011

Civil No. 09-765-ST (D. Or. Jan. 31, 2011)

Opinion

Civil No. 09-765-ST.

January 31, 2011

ORDER

MALCOLM MARSH, Senior District Judge

Magistrate Judge Janice M. Stewart filed her Findings and Recommendation on January 7, 2011. The matter is now before me.See 28 U.S.C. § 636(b)(1)(B) and Fed.R. Civ P. 72(b). No objections have been timely filed. This relieves me of my obligation to give the factual findings de novo review. See § 636(b)(1)(C); Simpson v. Lear Astronics Corp., 77 F.3d 1170, 1174-5 (9th Cir. 1996). Having reviewed the legal principles de novo, I find no error.

Accordingly, I ADOPT Magistrate Judge Stewart's Findings and Recommendation #32. Plaintiff's Motion for Approval of Attorney Fees Pursuant to 42 USC § 406(b) (docket #27) is GRANTED in the sum of $18,682.25 from which the EAJA fee of $5,580.00 will be subtracted.

IT IS SO ORDERED.

DATED this 31 day of January, 2011.