Morgan v. Astrue

Full title: STEVEN MORGAN, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner of Social…

Court: United States District Court, D. Oregon, Portland Division

Date published: Oct 7, 2010

07-CV-1789-ST (D. Or. Oct. 7, 2010)

Opinion

07-CV-1789-ST.

October 7, 2010

MERRILL SCHNEIDER, Schneider Law Offices, Portland, OR, Attorney for Plaintiff.

ORDER

ANNA BROWN, District JudgePage 2 DWIGHT C. HOLTON, United States Attorney. ADRIAN L. BROWN, Assistant United States Attorney, Portland, OR. DAVID R. JOHNSON, Special Assistant United States Attorney, Office of the General Counsel, Social Security Administration, Seattle, WA, Attorneys for Defendant.

Magistrate Judge Janice M. Stewart issued Findings and Recommendation (#35) on July 29, 2010, in which she recommends this Court grant Plaintiff Steven Morgan's Unopposed Motion (#32) for Attorney Fees Pursuant to 406(b) in the sum of $11,745.25 to be offset by $4,883.01 awarded to Plaintiff's counsel on July 6, 2009, pursuant to the Equal Access to Justice Act (EAJA).

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. Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9^th Cir. 1983) (rev'd on other grounds). See also Lorin Corp. v. Goto Co., 700 F.2d 1202, 1206 (8^th Cir. 1983). Having reviewed the legal principles de novo, the Court does not find any error.

CONCLUSION

The Court ADOPTS Magistrate Judge Stewart's Findings and Recommendation (#35). Accordingly, the Court GRANTS Plaintiff's Unopposed Motion (#32) for Attorney Fees Pursuant to 406(b) in the sum of $11,745.25 to be offset by $4,883.01 awarded to Plaintiff's counsel on July 6, 2009, pursuant to the EAJA.

IT IS SO ORDERED.

DATED this 6th day of October, 2010.