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VISSER v. COLVIN, 3:13-CV-00508-ST. (2015)

Court: District Court, D. Oregon Number: infdco20150120778 Visitors: 9
Filed: Jan. 15, 2015
Latest Update: Jan. 15, 2015
Summary: ORDER ANNA J. BROWN, District Judge. Magistrate Judge Janice M. Stewart issued Findings and Recommendation (#25) on December 23, 2014, in which she recommends this Court grant Plaintiff's Unopposed Motion (#24) for Attorney Fees under 28 U.S.C. 406(b); award Plaintiff's counsel attorneys' fees in the amount of $5,639.20; and direct Plaintiff's counsel to refund to Plaintiff the attorneys' fees of $2,054.20 previously received by Plaintiff's counsel pursuant to the Equal Access to Justice Act
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ORDER

ANNA J. BROWN, District Judge.

Magistrate Judge Janice M. Stewart issued Findings and Recommendation (#25) on December 23, 2014, in which she recommends this Court grant Plaintiff's Unopposed Motion (#24) for Attorney Fees under 28 U.S.C. § 406(b); award Plaintiff's counsel attorneys' fees in the amount of $5,639.20; and direct Plaintiff's counsel to refund to Plaintiff the attorneys' fees of $2,054.20 previously received by Plaintiff's counsel pursuant to the Equal Access to Justice Act (EAJA), 28 U.S.C. §2412(d). 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 (9th Cir. 2009). See also United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th 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 (#25). Accordingly, the Court GRANTS Plaintiff's Unopposed Motion (#24) for Attorney Fees under 28 U.S.C. § 406(b); AWARDS Plaintiff's counsel attorneys' fees in the amount of $5,639.20; and DIRECTS Plaintiff's counsel to refund to Plaintiff the attorneys' fees of $2,054.20 previously received by Plaintiff's counsel pursuant to the EAJA.

IT IS SO ORDERED.

Source:  Leagle

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