Parsons v. Commissioner Social Security Administration, No. 3:2012cv00083 - Document 28 (D. Or. 2014)
Court Description: OPINION AND ORDER: Upon review, I agree with Judge Hubels recommendation and I ADOPT the F&R 26 as my own opinion. Plaintiffs unopposed application for fees pursuant to the Equal Access to Justice Act 22 is GRANTED, and fees are awarded in the amount of $6,859.93. Signed on 4/18/14 by Judge Michael W. Mosman. (dls)
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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON PORTLAND DIVISION TERESA PARSONS, No. 3:12-cv-00083-HU Plaintiff, OPINION AND ORDER v. CAROLYN W. COLVIN, Acting Commissioner of Social Security, Defendant. MOSMAN, J., On March 24, 2014, Magistrate Judge Hubel issued his Findings and Recommendation ( F&R ) [26] in the above-captioned case, recommending that Plaintiff s unopposed application for fees pursuant to the Equal Access to Justice Act [22] be GRANTED and fees awarded in the amount of $6,859.93. The magistrate judge makes only recommendations to the court, to which any party may file written objections. I am not bound by the recommendations of the magistrate judge; instead, I retain responsibility for making the final determination. I am required to review de novo those portions of the report or any specified findings or recommendations within it to which an objection is made. 28 U.S.C. § 636(b)(1). However, I am not required to review, de novo or 1 OPINION AND ORDER under any other standard, the factual or legal conclusions of the magistrate judge as to those portions of the F&R to which no objections are addressed. See Thomas v. Arn, 474 U.S. 140, 149 (1985); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003). While the level of scrutiny under which I am required to review the F&R depends on whether objections have been filed, in either case I am free to accept, reject, or modify any part of the F&R. 28 U.S.C. § 636(b)(1). Upon review, I agree with Judge Hubel s recommendation and I ADOPT the F&R [26] as my own opinion. Plaintiff s unopposed application for fees pursuant to the Equal Access to Justice Act [22] is GRANTED, and fees are awarded in the amount of $6,859.93. IT IS SO ORDERED. DATED this 18th day of April, 2014. /s/ Michael W. Mosman MICHAEL W. MOSMAN United States District Judge 2 OPINION AND ORDER
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