(SS) Coulter v. Commissioner of Social Security, No. 1:2010cv01937 - Document 43 (E.D. Cal. 2013)

Court Description: ORDER Adopting in Full the Findings and Recommendations 42 Granting Counsel's Motion for Attorney Fees 35 pursuant to 42 USC 406(b), signed by District Judge Anthony W. Ishii on 11/25/13. (Verduzco, M)

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(SS) Coulter v. Commissioner of Social Security Doc. 43 1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 11 12 13 14 15 16 TERRY COULTER, ) ) Plaintiff, ) ) v. ) COMMISSIONER OF SOCIAL SECURITY, ) ) ) Defendant. ) Case No.: 1:10-cv-01937 - AWI - JLT ORDER ADOPTING IN FULL THE FINDINGS AND RECOMMENDATIONS GRANTING COUNSEL’S MOTION FOR ATTORNEY FEES PURSUANT TO 42 U.S.C. § 406(b) (Docs. 35, 42) Sengthiene Bosavanh, attorney for Plaintiff Terry Coulter (“Counsel”), requested an award of 17 attorney fees pursuant to 42 U.S.C. § 406(b). (Doc. 35.) Neither Plaintiff nor the Commissioner of 18 Social Security opposed the motion. On November 8, 2013, the Magistrate Judge recommended that 19 Counsel’s motion be granted. (Doc. 42.) 20 The parties were granted fourteen days from the date of service, or until November 22, 2013 to 21 file objections to the Findings and Recommendations. However, no objections were filed. In 22 accordance with the provisions of 28 U.S.C. § 636 (b)(1)(C) and Britt v. Simi Valley United School 23 Dist., 708 F.2d 452, 454 (9th Cir. 1983), this Court has conducted a de novo review of the case. 24 Having carefully reviewed the entire file, the Court finds that the Findings and Recommendation are 25 supported by the record and by proper analysis. 26 Accordingly, IT IS HEREBY ORDERED: 27 1. 28 The Findings and Recommendations filed November 8, 2013 (Doc. 42) are ADOPTED IN FULL; 1 Dockets.Justia.com 1 2. Counsel’s motion for attorney fees pursuant to 24 U.S.C. §406(b) is GRANTED; and 2 3. The Commissioner is DIRECTED to pay the funds available, totaling $15,084.23, directly to Counsel; and 3 4 5 4. If Counsel receives, or has received, the $7,712.40 previously authorized by this Court under the EAJA, Counsel SHALL immediately reimburse this amount to Plaintiff. 6 7 IT IS SO ORDERED. 8 Dated: November 25, 2013 9 SENIOR DISTRICT JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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