(SS) Kent v. Commissioner of Social Security ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 CHARLES KENT, No. 2:21-cv-00425-DJC-JDP (SS) 12 Plaintiff, 13 v. ORDER 14 KILOLO KIJAKAZI, Acting Commissioner of Social Security, 15 Defendant. 16 17 18 On April 6, 2023, the Magistrate Judge filed findings and recommendations 19 herein which were served on the parties and which contained notice that any 20 objections to the findings and recommendations were to be filed within fourteen 21 days. No objections were filed. 22 The Court presumes that any findings of fact are correct. See Orand v. United 23 States, 602 F.2d 207, 208 (9th Cir. 1979). The Magistrate Judge’s conclusions of law 24 are reviewed de novo. See Robbins v. Carey, 481 F.3d 1143, 1147 (9th Cir. 2007) 25 (“[D]eterminations of law by the magistrate judge are reviewed de novo by both the 26 district court and [the appellate] court . . . .”). Having reviewed the file, the Court finds 27 the findings and recommendations to be supported by the record and by the proper 28 analysis. 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The proposed Findings and Recommendations filed April 6, 2023, are 3 ADOPTED; 4 2. Plaintiff's motion for attorney's fees under EAJA, ECF No. 21, is granted; 5 3. Plaintiff is awarded attorney’s fees and costs in the amount of $7,186.28 6 under the EAJA; 7 4. Pursuant to Astrue v. Ratliff, 560 U.S. 586 (2010), any payment shall be made 8 payable to plaintiff and delivered to plaintiff's counsel, unless plaintiff does 9 not owe a federal debt. If the United States Department of the Treasury 10 determines that Plaintiff does not owe a federal debt, the government shall 11 accept Plaintiff's assignment of EAJA fees and pay fees directly to Plaintiff's 12 counsel: 13 5. Plaintiff's counsel’s motion for attorney's fees pursuant to 42 U.S.C. § 406(b), 14 ECF No. 22, is granted; and 15 6. Plaintiff's counsel is awarded attorney's fees in the amount of $8,294.72 16 pursuant to 42 U.S.C. § 406(b). 17 18 19 IT |S SO ORDERED. 20 | Dated: _May 12, 2023 Bed Obeat Hon. Daniel labretta 21 UNITED STATES DISTRICT JUDGE 22 23 24 25 26 27 28