Opinion
6:11-CV-06200-SU
08-05-2014
DIRK ABBAS, Plaintiff, ORDER v. CAROLYN W. COLVIN, Acting Commissioner, Social Security Administration, Defendant.
Magistrate Judge Patricia Sullivan issued Findings and Recommendation (#30) on June 17, 2014. On June 17, 2014, the Magistrate Judge struck the Findings and Recommendation (#30) and issued Revised Findings and Recommendation (#32) on June 18, 2014, in which she recommends this Court grant Plaintiff's Unopposed Motion (#26) for Attorney Fees for 42 U.S.C. 406(b) and award Plaintiff attorneys' fees in the amount of $2,110.97. 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).
In his Motion Plaintiff requests attorney's fees pursuant to § 406(b) in the amount of $9,203.45 but notes counsel has received fees pursuant to the Equal Access to Justice Act (EAJA) in the amount of $7,092.48. Plaintiff, therefore, stipulates to an award of $2,110.97, which is the $9,203.45 in § 406(b) fees less the $7,092.48 in EAJA fees.
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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 Sullivan's Revised Findings and Recommendation (#32). Accordingly, the Court GRANTS Plaintiff's Unopposed Motion (#26) for Attorney Fees for 42 U.S.C. 406(b) and AWARDS Plaintiff attorneys' fees in the amount of $2,110.97.
IT IS SO ORDERED.
DATED this 5th day of August, 2014.
/s/ Anna J. Brown
ANNA J. BROWN
United States District Judge