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Parsons v. Colvin

United States District Court, D. Oregon, Portland Division

April 18, 2014

TERESA PARSONS, Plaintiff,
v.
CAROLYN W. COLVIN, Acting Commissioner of Social Security, Defendant.

OPINION AND ORDER

MICHAEL W. MOSMAN, District Judge.

On March 24, 2014, Magistrate Judge Hubel issued his Findings and Recommendation ("F&R") [26] in the above-captioned case, recommending that Plaintiff's unopposed application for fees pursuant to the Equal Access to Justice Act [22] be GRANTED and fees awarded in the amount of $6, 859.93.

The magistrate judge makes only recommendations to the court, to which any party may file written objections. I am not bound by the recommendations of the magistrate judge; instead, I retain responsibility for making the final determination. I am required to review de novo those portions of the report or any specified findings or recommendations within it to which an objection is made. 28 U.S.C. § 636(b)(1). However, I am not required to review, de novo or under any other standard, the factual or legal conclusions of the magistrate judge as to those portions of the F&R to which no objections are addressed. See Thomas v. Arn, 474 U.S. 140, 149 (1985); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003). While the level of scrutiny under which I am required to review the F&R depends on whether objections have been filed, in either case I am free to accept, reject, or modify any part of the F&R. 28 U.S.C. § 636(b)(1).

Upon review, I agree with Judge Hubel's recommendation and I ADOPT the F&R [26] as my own opinion. Plaintiff's unopposed application for fees pursuant to the Equal Access to Justice Act [22] is GRANTED, and fees are awarded in the amount of $6, 859.93.

IT IS SO ORDERED.


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