(SS) Fuentez v. Commissioner of Social Security, No. 1:2010cv01032 - Document 21 (E.D. Cal. 2012)

Court Description: ORDER signed by District Judge Anthony W. Ishii on 12/5/2012 adopting 20 FINDINGS AND RECOMMENDATIONS and granting 18 Motion for Attorney Fees.(Lundstrom, T)

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(SS) Fuentez v. Commissioner of Social Security Doc. 21 1 2 3 4 5 6 7 8 9 UNITED STATES DISTRICT COURT 10 EASTERN DISTRICT OF CALIFORNIA 11 12 NANETTE FUENTEZ, CASE NO. 1:10-cv-01032-AWI-SKO 13 ORDER ADOPTING FINDINGS AND RECOMMENDATIONS THAT PLAINTIFF'S COUNSEL'S MOTION FOR ATTORNEYS FEES BE GRANTED Plaintiff, 14 15 v. 16 17 MICHAEL J. ASTRUE, Commissioner of Social Security, (Docs. No. 18, 20) 18 Defendant. 19 / 20 On November 6, 2012, the Magistrate Judge issued Findings and Recommendations that 21 Plaintiff's counsel's motion for attorney's fees pursuant to 42 U.S.C. § 406(b) be granted. (Doc. 20.) 22 These Findings and Recommendations were served on all parties appearing in the action and 23 contained notice that any objections were to be filed within fourteen (14) days after service of the 24 order. No objections were filed. 25 In accordance with the provisions of 28 U.S.C. § 636 (b)(1)(C), this Court has conducted a 26 de novo review of the case. Having carefully reviewed the entire file, the Court concludes that the 27 Magistrate Judge's Findings and Recommendations are supported by the record and proper analysis. 28 Dockets.Justia.com 1 2 Accordingly, IT IS HEREBY ORDERED that: 3 1. 4 5 FULL; 2. 6 7 The Findings and Recommendations issued November 6, 2012, are ADOPTED IN Plaintiff's counsel's motion for an award of attorney's fees pursuant to Section 406(b) in the amount of $12,195.80 is GRANTED; and 3. Plaintiff's counsel shall refund to Plaintiff $4,500 of the Section 406(b) fees awarded 8 as an offset for Equal Access to Justice Act fees previously awarded pursuant to 9 28 U.S.C. § 2412(d). 10 11 12 IT IS SO ORDERED. 13 14 Dated: 0m8i78 December 5, 2012 UNITED STATES DISTRICT JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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