(SS) Servantes v. Commissioner of Social Security

United States District Court for the Eastern District of California

(SS) Servantes v. Commissioner of Social Security

Trial Court Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10

11 JACK SERVANTES, ) Case No.: 1: 24-cv-0295 JLT CDB ) 12 Plaintiff, ) ORDER ADOPTING FINDINGS AND ) RECOMMENDATIONS, AND AWARDING 13 v. ) ATTORNEY’S FEES AND EXPENSES ) PURSUANT TO THE EQUAL ACCESS TO 14 MARTIN O’MALLEY, ) JUSTICE ACT Commissioner of Social Security, ) 15 ) (Docs. 17, 19.) Defendant. ) 16 )

17 Jack Servantes and Martin O’Malley, Commissioner of Social Security, stipulated that Plaintiff 18 shall be awarded fees and expenses in the amount of $6,750.00 pursuant to the Equal Access to Justice 19 Act pursuant to

28 U.S.C. § 2412

(d), and no costs under

28 U.S.C. § 1920

. (Doc. 17 at 1-2.) The 20 magistrate judge issued Findings and Recommendations, recommending the Court adopt the terms of 21 the stipulation. (Doc. 19 at 1-3.) 22 The Court served the Findings and Recommendations on the parties and notified them that any 23 objections were due within 14 days. (Doc. 19 at 3.) The Court advised the parties that the “failure to 24 file objections within the specified time may result in the waiver rights on appeal.” (Id., quoting 25 Wilkerson v. Wheeler,

772 F.3d 834, 838-39

(9th Cir. 2014).) Neither party filed objections, and the 26 time to do so has passed. 27 According to

28 U.S.C. § 636

(b)(1), this Court performed a de novo review of this case. 28 Having carefully reviewed the matter, the Court concludes the Findings and Recommendations are 1 || supported by the record and proper analysis. Thus, the Court ORDERS: 2 1. The Findings and Recommendation issued on October 29, 2024 (Doc. 19) are 3 ADOPTED in full. 4 2. Subject to the terms of the parties’ stipulation, Plaintiff is AWARDED fees and 5 expenses in the amount of $6,750.00 under

28 U.S.C. § 2412

(d). 6 7 IT IS SO ORDERED. 8 || Dated: _ November 15, 2024 Charis [Tourn 9 TED STATES DISTRICT JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Reference

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