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Culley v. Colvin

United States District Court, Ninth Circuit

December 6, 2013

JOHNNY D. CULLEY, Plaintiff,
v.
CAROLYN W. COLVIN, Acting Commissioner of Social Security, Defendant.

ORDER

MARCO A. HERNANDEZ, District Judge.

Magistrate Judge Acosta issued a Findings and Recommendation (#35) on October 29, 2013, in which he recommends that this Court grant Plaintiff's motion for attorney fees pursuant to 42 U.S.C. § 406(b) and award Plaintiff $5, 853.37 in fees. The matter is now before me pursuant to 28 U.S.C. § 636(b)(1)(B) and Federal Rule of Civil Procedure 72(b).

Because no objections to the Magistrate Judge's Findings and Recommendation were timely filed, I am relieved of my 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) ( de novo review required only for portions of Magistrate Judge's report to which objections have been made). Having reviewed the legal principles de novo, I find no error.

CONCLUSION

The Court ADOPTS Magistrate Judge Acosta's Findings & Recommendation [35]. Accordingly, Plaintiff's motion for section 406(b) attorney fees [30] is granted and Plaintiff is awarded $5, 853.37 in attorney fees.

IT IS SO ORDERED.


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