(SS) Gallagher v. Commissioner of Social Security, No. 1:2010cv00942 - Document 41 (E.D. Cal. 2012)

Court Description: ORDER signed by Chief Judge Anthony W. Ishii on 10/29/2012 adopting 40 FINDINGS AND RECOMMENDATIONS and granting 32 , 35 Motion for Attorney Fees. (Lundstrom, T)

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(SS) Gallagher v. Commissioner of Social Security Doc. 41 1 2 3 4 5 6 7 8 9 UNITED STATES DISTRICT COURT 10 EASTERN DISTRICT OF CALIFORNIA 11 12 PATRICK GALLAGHER, CASE NO. 1:10-cv-942-AWI-SKO 13 ORDER ADOPTING FINDINGS AND RECOMMENDATIONS THAT PLAINTIFF'S COUNSEL'S MOTION FOR ATTORNEY'S FEES BE GRANTED Plaintiff, 14 15 v. 16 17 MICHAEL J. ASTRUE, Commissioner of Social Security, (Docs. No. 32, 40) 18 Defendant. 19 / 20 On October 3, 2012, the Magistrate Judge issued Findings and Recommendations that 21 Plaintiff's counsel's motion for an award of attorney's fees pursuant to 42 U.S.C. § 406(b) be granted. 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 1 Dockets.Justia.com 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. 3 4 FULL; 2. 5 6 The Findings and Recommendations issued October 3, 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 $9,337.37 is GRANTED; and 3. Plaintiff's counsel shall REFUND to Plaintiff $7,000 of the Section 406(b) fees 7 awarded as an offset for EAJA fees previously awarded pursuant to 28 U.S.C. 8 § 2412(d). 9 10 11 IT IS SO ORDERED. 12 13 Dated: 0m8i78 October 29, 2012 CHIEF UNITED STATES DISTRICT JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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