Opinion
No. 3:10-cv-1010
04-11-2012
JAMES DSCHAAK, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant.
ORDER
HERNANDEZ, District Judge:
Magistrate Judge Papak issued a Findings and Recommendation (#27) on March 19, 2012, in which he recommends that this Court grant plaintiffs motion for an award of fees under the Equal Access to Justice Act, 28 U.S.C. § 2412 (EAJA).
The matter is now before me 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, I am relieved of my obligation to review the record de novo. United States v. Revna-Tapia, 328 F.3d 1114,1121 (9th Cir. 2003) (en banc); see also United Slates 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 Papak's Findings & Recommendation [27]. Accordingly, plaintiff's motion for EAJA fees [22] is granted, and the Commissioner is ordered to pay plaintiff's attorney's fees and costs in the amount of $7,840.64.
IT IS SO ORDERED.
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MARCO A. HERNANDEZ
United States District Judge