(SS) Coulter v. Commissioner of Social Security, No. 1:2010cv01937 - Document 36 (E.D. Cal. 2013)

Court Description: ORDER ADOPTING in FULL the FINDINGS AND RECOMMENDATIONS GRANTING IN PART and DENYING IN PART Plaintiff's Motion for Attorney Fees Pursuant to the Equal Access for Justice Action, 28 U.S.C. § 2412(d) 33 , signed by District Judge Anthony W. Ishii on 9/18/13. (Hellings, J)
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(SS) Coulter v. Commissioner of Social Security Doc. 36 1 2 3 4 5 IN THE UNITED STATES DISTRICT COURT 6 FOR THE EASTERN DISTRICT OF CALIFORNIA 7 8 9 10 11 12 13 14 TERRY COULTER, ) ) Plaintiff, ) ) v. ) ) MICHAEL J. ASTRUE, ) Commissioner of Social Security, ) ) Defendants. ) _______________________________________ ) Case No.: 1:10-cv-01937-AWI-JLT ORDER ADOPTING IN FULL THE FINDINGS AND RECOMMENDATIONS GRANTING IN PART AND DENYING IN PART PLAINTIFF’S MOTION FOR ATTORNEY FEES PURSUANT TO THE EQUAL ACCESS FOR JUSTICE ACT, 28 U.S.C. § 2412(d) (Doc. 33) Sengthiene Bosavanh, attorney for Plaintiff Terry Coulter, seeks an award for attorney’s fees 15 pursuant to the Equal Access for Justice Act under 28 U.S.C. § 2412(d). (Doc. 28). On September 16 19, 2012, the Magistrate Judge recommended Plaintiff’s motion be granted in part. (Doc. 33). 17 Defendant filed timely objections to the Findings and Recommendations, asserting the government’s 18 position was substantially justified. (Doc. 34). 19 A district judge may “accept, reject or modify, in whole or in part, the findings and 20 recommendations . . .” 28 U.S.C. § 636(b)(1). If objections to the findings and recommendations 21 are filed, “the court shall make a de novo determination of those portions of the report or specified 22 proposed finding or recommendations to which objection is made. Id. 23 In accordance with the provisions of 28 U.S.C. § 636 (b)(1)(C) and Britt v. Simi Valley 24 United School Dist., 708 F.2d 452, 454 (9th Cir. 1983), this Court has conducted a de novo review 25 of the case. Having carefully reviewed the entire file, the Court finds that the findings and 26 recommendation are supported by the record and by proper analysis. See Vasquez v. Astrue, 2012 27 U.S. Dist. LEXIS 136548 (E.D. Cal. Sept. 24, 2012); Crowe v. Astrue, 2009 U.S. Dist. LEXIS 95016 28 (E.D. Cal. Sept. 25, 2009). 1 Dockets.Justia.com 1 Accordingly, IT IS HEREBY ORDERED: 2 1. 3 4 ADOPTED IN FULL; 2. 5 6 The Findings and Recommendations filed September 19, 2012 (Doc. 33), are Plaintiff’s request for attorney fees is GRANTED in the modified amount of $7,712.40; and 3. This amount SHALL be paid to Plaintiff Terry Coulter. 7 IT IS SO ORDERED. 8 Dated: 9 0m8i78 September 18, 2013 SENIOR DISTRICT JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2