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WEST v. ASTRUE, 3:10-CV-01421-AC. (2013)

Court: District Court, D. Oregon Number: infdco20130212804 Visitors: 2
Filed: Feb. 08, 2013
Latest Update: Feb. 08, 2013
Summary: ORDER ANNA J. BROWN, District Judge. Magistrate Judge Paul Papak issued a Findings and Recommendation (#37) on January 9, 2013, in which he recommends the Court grant Plaintiff's uncontested Motion (#33) for Attorney Fees and Expenses in the amount of $1,997.94 for attorney fees under the Equal Access to Justice Act, 28 U.S.C. 2412(d)(1)(A), and expenses for postage and copying costs in the amount of $21.61 under 28 U.S.C. 1920 as the prevailing party in this case. This matter is now befor
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ORDER

ANNA J. BROWN, District Judge.

Magistrate Judge Paul Papak issued a Findings and Recommendation (#37) on January 9, 2013, in which he recommends the Court grant Plaintiff's uncontested Motion (#33) for Attorney Fees and Expenses in the amount of $1,997.94 for attorney fees under the Equal Access to Justice Act, 28 U.S.C. § 2412(d)(1)(A), and expenses for postage and copying costs in the amount of $21.61 under 28 U.S.C. § 1920 as the prevailing party in this case. This matter is now before this Court pursuant to 28 U.S.C. § 636(b)(1) and Federal Rule of Civil Procedure 72(b).

On January 15, 2013, Plaintiff filed a Supplemental Memorandum in support of the Magistrate Judge's Recommendation setting forth the hourly rates billed for the services of the paralegal and a copy of Section 3 of the 2010 National Utilization and Compensation Survey Report. Defendant did not file a response or an objection to the Supplemental Memorandum nor has any party filed Objections to the Magistrate Judge's Findings and Recommendation.

On this record the Court, therefore, is relieved of its obligation to review the record de novo as to the Findings and Recommendation. See Shiny Rock Min. Corp v. U.S., 825 F.2d 216, 218. (9th Cir. 1987). See also Lorin Corp. v. Goto & Co., 700 F.2d 1202, 1206 (8th Cir. 1983). Having reviewed the legal principles de novo, the Court does not find any error in the Magistrate Judge's Findings and Recommendation.

CONCLUSION

The Court ADOPTS Magistrate Judge Papak's Findings and Recommendation (#37). Accordingly, the Court GRANTS Plaintiff's Motion (#33) for Attorney Fees and Expenses and AWARDS Plaintiff reasonable attorney fees in the amount of $1,997.94 and expenses for postage and copying costs in the amount of $21.61.

IT IS SO ORDERED.

Source:  Leagle

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