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Kimball v. Astrue

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON
Nov 21, 2012
3:09-CV-06251-PK (D. Or. Nov. 21, 2012)

Opinion

3:09-CV-06251-PK

11-21-2012

SCOTT R. KIMBALL, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant.


ORDER

BROWN, Judge.

Magistrate Judge Paul Papak issued Findings and Recommendation (#30) on October 16, 2012, in which he recommends this Court grant Plaintiff's Motion (#26) for Approval of Attorney Fees Pursuant to 42 U.S.C. § 406(b) and award Plaintiff's counsel $18,753 in attorney's fees under § 406(b) less the EAJA fees of $7,834.78 previously awarded to Plaintiff's counsel for a total award of $10,918.22 in attorney's fees under § 406(b) . The matter is now before this Court 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, this Court is relieved of its 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). Having reviewed the legal principles de novo, the Court does not find any error.

CONCLUSION

The Court ADOPTS Magistrate Judge Papak's Findings and Recommendation (#30). Accordingly, the Court GRANTS Plaintiff's Motion (#26) for Approval of Attorney Fees Pursuant to 42 U.S.C. § 406(b) and AWARDS Plaintiff's counsel $18,753 in attorney's fees under § 406(b) less the EAJA fees of $7,834.78 previously awarded for a total award of $10,918.22 in attorney's fees under § 406(b).

IT IS SO ORDERED.

______________________

ANNA J. BROWN

United States District Judge


Summaries of

Kimball v. Astrue

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON
Nov 21, 2012
3:09-CV-06251-PK (D. Or. Nov. 21, 2012)
Case details for

Kimball v. Astrue

Case Details

Full title:SCOTT R. KIMBALL, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner of Social…

Court:UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON

Date published: Nov 21, 2012

Citations

3:09-CV-06251-PK (D. Or. Nov. 21, 2012)