Opinion
Civil No. 07-1816-ST.
August 31, 2010
Tim D. Wilborn, Wilborn Law Office, P.C., Oregon City, Oregon, Attorney for Plaintiff.
Dwight C. Holton, United States Attorney, District of Oregon, Adrian L. Brown, U.S. Attorney's Office, Portland, Oregon, Terrye Erin Shea, Social Security Administration, Office of General Counsel, Seattle, Washington, Attorneys for Defendant.
ORDER
The Honorable Janice M. Stewart, United States Magistrate Judge, filed Findings and Recommendation on July 29, 2010. The matter is before this court. 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. Lorin Corp. v. Goto Co., Ltd., 700 F.2nd 1202, 1206 (8th Cir. 1983); See also Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 1983). Having reviewed the legal principles de novo, I find no error.
Accordingly, I ADOPT Magistrate Judge Stewart's Findings and Recommendation dated July 29, 2010 (#33) in its entirety.
IT IS HEREBY ORDERED that Plaintiff's Motion for Approval of Attorney Fees pursuant to 42 USC § 406(b) (#29) is granted in the sum of $11,897.00. When issuing the § 406(b) check, the agency is directed to subtract the amount previously awarded under EAJA and send to plaintiff's attorney the balance of $7,047.00.
DATED this 31st day of August, 2010.