Stainbrook v. Colvin

Full title: RICHARD A. STAINBROOK, Plaintiff, v. CAROLYN W. COLVIN, Acting…

Court: UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON

Date published: May 11, 2015

6:13-CV-01624-ST (D. Or. May. 11, 2015)

Opinion

6:13-CV-01624-ST

05-11-2015

RICHARD A. STAINBROOK, Plaintiff, v. CAROLYN W. COLVIN, Acting Commissioner, Social Security Administration, Defendant.

BROWN, Judge.

ORDER

BROWN, Judge.

Magistrate Judge Janice M. Stewart issued Findings and Recommendation (#34) on April 13, 2015, in which she recommends this Court grant Plaintiff's Unopposed Motion (#31) for Attorney Fees under 42 U.S.C. 406(b) and award Plaintiff attorneys' fees pursuant to § 406(b) in the amount of $19,128.25 less $8,734.06 in attorneys' fees previously awarded to Plaintiff in this matter under the Equal Access to Justice Act, 28 U.S.C. § 2412, for a total award of $10,394.19. 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. See Dawson v. Marshall, 561 F.3d 930, 932 (9^th Cir. 2009). See also United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9^th Cir. 2003)(en banc). Having reviewed the legal principles de novo, the Court does not find any error.

CONCLUSION

The Court ADOPTS Magistrate Judge Stewart's Findings and Recommendation (#34). Accordingly, the Court GRANTS Plaintiff's Unopposed Motion (#31) for Attorney Fees under 42 U.S.C. 406(b) and AWARDS Plaintiff attorneys' fees pursuant to § 406(b) in the amount of $10,394.19.

IT IS SO ORDERED.

DATED this 11^th day of May, 2015.

/s/ Anna J. Brown

ANNA J. BROWN

United States District Judge