(SS) Kunhel v. Commisioner of Social Security, No. 1:2005cv00905 - Document 30 (E.D. Cal. 2014)

Court Description: ORDER ADOPTING 29 FINDINGS AND RECOMMENDATIONS and Granting Petitioner's 26 Motion for Attorney Fees signed by District Judge Anthony W. Ishii on 03/17/2014. (Flores, E)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 KEVIN P. KUNHEL, Plaintiff, 12 ORDER ADOPTING FINDINGS AND RECOMMENDATIONS AND GRANTING PETITIONER’S MOTION FOR ATTORNEY FEES PURSUANT TO 42 U.S.C. § 406(b) v. 13 14 Case No. 1:05 -cv-00905-AWI-SAB COMMISSIONER OF SOCIAL SECURITY, (ECF Nos. 26, 28, 29) 15 Defendant. 16 17 Petitioner Harvey P. Sackett (“Counsel”), attorney for Plaintiff Kevin P. Kunhel 18 (“Plaintiff”), filed the instant motion for attorney fees on January 27, 2014. On February 20, 19 2014, the magistrate judge issued Findings and Recommendations recommending granting 20 Counsel’s motion for attorney fees. The Findings and Recommendations were served on all 21 parties and contained notice that any objections were to be filed within fourteen (14) days. No 22 party has filed objections to the Findings and Recommendations. 23 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this Court has conducted 24 a de novo review of the case. Having carefully reviewed the entire file, the Court finds that the 25 Findings and Recommendations are supported by the record and by proper analysis. 26 // 27 // 28 // 1 1 Accordingly, it is HEREBY ORDERED that: 2 1. amount of $25,563.50 is GRANTED; and 3 4 5 Counsel’s motion for an award of attorney fees pursuant to Section 406(b) in the 2. Counsel’s award shall be offset by $6,000.00 for the EAJA fees previously awarded pursuant to 28 U.S.C. § 2412(d). 6 7 IT IS SO ORDERED. 8 Dated: March 17, 2014 SENIOR DISTRICT JUDGE 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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