(SS) Garcia v. Commissioner of Social Security, No. 1:2021cv00427 - Document 28 (E.D. Cal. 2022)
Court Description: ORDER ADOPTING 27 Findings and Recommendations, signed by District Judge Jennifer L. Thurston on 06/07/2022. (Maldonado, C)
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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 NACHATTAR KAUR GARCIA, 12 Plaintiff, 13 No. 1:21-cv-00427-JLT-BAM ORDER ADOPTING FINDINGS AND RECOMMENDATIONS v. (Docs. 24, 27) 14 KILOLO KIJAKAZI, Action Commissioner of Social Security,1 15 Defendant. 16 17 Plaintiff Nachattar Kaur Garcia, through counsel, commenced this Social Security action 18 on March 15, 2021. (Doc. 1.) On January 14, 2022, pursuant to the parties’ stipulation, the Court 19 entered an order remanding the action for further administrative proceedings pursuant to sentence 20 four of 42 U.S.C. § 405(g) and entered judgment for Plaintiff. (Docs. 22, 23.) On April 14, 2022, 21 Plaintiff moved for an award of attorney’s fees pursuant to the Equal Access to Justice Act 22 (“EAJA”), 28 U.S.C. § 2412. (Doc. 24.) Defendant filed a statement indicating no objection to 23 the motion. (Doc. 26.) 24 25 On May 16, 2022, the assigned magistrate judge issued Findings and Recommendations recommending that Plaintiff’s motion for attorneys’ fees and expenses under EAJA be granted 26 27 28 1 Kilolo Kijakazi became the Acting Commissioner of Social Security on July 9, 2021. Pursuant to Rule 25(d) of the Federal Rules of Civil Procedure, Kilolo Kijakazi is substituted for Andrew Saul as the defendant in this suit. 1 1 and Plaintiff be awarded fees in the total amount of $1,542.71. (Doc. 27 at 6.) The magistrate 2 judge also recommended that if the government determines that Plaintiff does not owe a federal 3 debt that qualifies for offset, then the fee award be made payable to Plaintiff’s counsel pursuant to 4 Plaintiff’s assignment of her interest in the fee award. (Id.) Those findings and recommendations 5 were served on the parties and contained notice that any objections thereto were to be filed within 6 fourteen (14) days after service. (Id.) No objections were filed, and the time in which to do so 7 has passed. 8 9 In accordance with the provisions of 28 U.S.C. § 636 (b)(1)(c), this Court conducted a de novo review of the case. Having carefully reviewed the entire file, the Court concludes that the 10 Findings and Recommendations are supported by the record and proper analysis. Thus, the Court 11 ORDERS: 12 13 1. ADOPTED in full; 14 15 16 The Findings and Recommendations issued on May 16, 2022 (Doc. 27) are 2. Plaintiff is AWARDED fees in the total amount of $1,542.71 pursuant to EAJA; 3. If the government determines that Plaintiff does not owe a federal debt that and 17 qualifies for offset, then the fee award shall be made payable to Plaintiff’s counsel pursuant to 18 Plaintiff’s assignment of her interest in the award. 19 20 21 IT IS SO ORDERED. Dated: June 7, 2022 22 23 24 25 26 27 28 2
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