ESTELLE L. FINNEY, Plaintiff,
COMMISSIONER SOCIAL SECURITY ADMINISTRATION, Defendant.
MALCOLM F. MARSH, District Judge.
Magistrate Judge Hubel issued a Findings and Recommendation on September 17, 2013, recommending that plaintiff's Motion for Attorney Fees (#29) pursuant to 42 U.S.C. § 406(b) be granted. The matter is now before me pursuant to 28 U.S.C. § 636(b) (1) and Fed.R.Civ.P. 72(b). No objections have been timely filed.
When neither party objects to a Magistrate Judge's Findings and Recommendation, this court is relieved of its obligation to review the record de novo. United States v. Reyna-Tapia , 328 F.3d 1114, 1121 (9th Cir. 2003) (en banc); see also United States v. Bernhardt , 840 F.2d 1441, 1444 (9th Cir. 1988). Having reviewed the legal principles de novo, I find no error.
Accordingly, I ADOPT Judge Hubel's Finding and Recommendation (#31). IT IS ORDERED that plaintiff's Motion for Attorney Fees (#29) pursuant to 42 U.S.C. § 406(b) is GRANTED. Plaintiff is awarded attorney's fees in the sum of $11, 995.00. Pursuant to Gisbrecht v. Barnhart , 535 U.S. 796 (2002), plaintiff's counsel must refund to plaintiff the lesser award of attorney's fees granted by this court on November ...