Opinion
No. 1:11-cv-484-CL
06-19-2014
LOUIS PETRONE, Plaintiff, v. COMMISSIONER, Social Security Administration, Defendant.
ORDER
ANNER, District Judge:
Magistrate Judge Mark D. Clarke filed Findings and Recommendation, and the matter is now before this court. See 28 U.S.C. § 636(b)(1)(B), Fed. R. Civ. P. 72(b). Although no objections have been filed, this court reviews legal principles de novo. See Lorin Corp. v Goto & Co., Ltd., 700 F.2d 1202, 1206 (8th Cir. 1983).
I agree with Magistrate Judge Clarke that plaintiffs attorney is entitled to the requested fees under 42 U.S.C. § 406(b). Accordingly, I ADOPT the Report and Recommendation of Magistrate Judge Clarke.
CONCLUSION
Magistrate Judge Clarke's Report and Recommendation (#30) is adopted. Plaintiff's unopposed motion for attorney's fees under 42 U.S.C. § 406(b) (#27) is granted. Counsel is awarded $3,253.00 in fees under § 406(b) and shall refund to plaintiff $1,557.75 in EAJA fees previously awarded.
IT IS SO ORDERED.
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OWEN M. PAWNER
U.S. DISTRICT JUDGE