Opinion
No. C-10-4299 EMC
06-10-2015
MICHAEL C. COOPER, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant.
ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION RE PLAINTIFF'S COUNSEL'S UNOPPOSED MOTION TO WITHDRAW MOTION FOR ATTORNEYS' FEES WITHOUT PREJUDICE
(Docket Nos. 37, 45)
Previously, the Court granted Plaintiff's motion for summary judgment and denied Defendant's cross-motion. See Docket No. 24 (order). Thereafter, Plaintiff filed a motion for attorney's fees pursuant to the Equal Access to Justice Act and costs pursuant to 28 U.S.C. § 1920. See Docket No. 27 (motion). The parties resolved the motion through a stipulation. See Docket Nos. 29-30 (stipulation and order). Subsequently, Plaintiff's counsel moved for attorney's fees pursuant to 42 U.S.C. § 406(b). See Docket No. 31 (motion). This motion was referred to Judge James for a report and recommendation ("R&R"). See Docket No. 34 (order).
Judge James has now issued her R&R for Plaintiff's counsel's amended motion. See Docket No. 37 (amended motion); Docket No. 45 (R&R). In the R&R, Judge James recommends that this Court grant Plaintiff's counsel's unopposed motion to withdraw the fee motion without prejudice to re-filing. See Docket No. 45 (R&R at 2). No party has objected to Judge James R&R.
The Court finds the R&R correct, well reasoned, and thorough, and adopts it in every respect. Accordingly, the Court hereby GRANTS Plaintiff's counsel's unopposed motion to withdraw the fee motion without prejudice to re-filing.
This order disposes of Docket Nos. 37 and 45.
IT IS SO ORDERED. Dated: June 10, 2015
/s/_________
EDWARD M. CHEN
United States District Judge