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Fanlo v. Berryhill, 17cv1617-LAB (BLM). (2020)

Court: District Court, N.D. California Number: infdco20200224769 Visitors: 26
Filed: Feb. 20, 2020
Latest Update: Feb. 20, 2020
Summary: ORDER ADOPTING REPORT AND RECOMMENDATION; AND ORDER AWARDING ATTORNEY'S FEES LARRY ALAN BURNS , District Judge . Judge Major issued her report and recommendation (the "R&R"), which recommended an award of attorney's fees and expenses pursuant to the Equal Access to Justice Act (EAJA), and costs as provided by 28 U.S.C. 1920. No objections to the R&R were filed. A district court has jurisdiction to review a Magistrate Judge's report and recommendation on dispositive matters. Fed. R. Civ.
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ORDER ADOPTING REPORT AND RECOMMENDATION; AND

ORDER AWARDING ATTORNEY'S FEES

Judge Major issued her report and recommendation (the "R&R"), which recommended an award of attorney's fees and expenses pursuant to the Equal Access to Justice Act (EAJA), and costs as provided by 28 U.S.C. § 1920. No objections to the R&R were filed.

A district court has jurisdiction to review a Magistrate Judge's report and recommendation on dispositive matters. Fed. R. Civ. P. 72(b). "The district judge must determine de novo any part of the magistrate judge's disposition that has been properly objected to." Id. "A judge of the court may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge." 28 U.S.C. § 636(b)(1). This section does not require some lesser review by the district court when no objections are filed. Thomas v. Arn, 474 U.S. 140, 149-50 (1985). The "statute makes it clear that the district judge must review the magistrate judge's findings and recommendations de novo if objection is made, but not otherwise." United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en banc) (emphasis in original).

The Court has reviewed the R&R, finds it to be correct, and ADOPTS it. The joint motion for fees (Docket no. 24) is GRANTED. The Court awards $3,617.77 under the EAJA, and no costs under 28 U.S.C. § 1920, to be paid subject to the terms of the joint motion.

IT IS SO ORDERED.

Source:  Leagle

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