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

11 BERNARD WARD, ) Case No.: 1:21-cv-0402 JLT GSA ) 12 Plaintiff, ) ORDER ADOPTING IN FULL THE FINDINGS ) AND RECOMMENDATIONS AND GRANTING 13 v. ) THE MOTION FOR ATTORNEY FEES ) PURSUANT TO

(b) 14 COMMISSIONER OF SOCIAL SECURITY, ) ) (Docs. 29, 32) 15 Defendant. ) ) 16

17 Jonathan O. Peña, counsel for Plaintiff Bernard Ward, seeks an award of attorney’s fees in the 18 amount of $43,003.43, pursuant to

(b). (Doc. 29.) The magistrate judge found the 19 requested fees are reasonable based upon “the character of the representation, the result achieved, and 20 the fee amounts awarded in similar cases.” (Doc. 32 at 3; see also

.) Therefore, the 21 magistrate judge recommended the motion for fees be granted, payment be directed to Counsel, and 22 Counsel be directed to refund the fees previously awarded to Plaintiff under the Equal Access to 23 Justice Act. (Id. at 3-4.) 24 The Court served the Findings and Recommendations on the parties and notified them that any 25 objections were due within 14 days. (Doc. 32 at 4.) The Court advised the parties that the “failure to 26 file objections within the specified time may result in the waiver of rights on appeal.” (Id., citing 27 Wilkerson v. Wheeler,

(9th Cir. 2014).) Neither party filed objections, and the 28 time to do so has passed. 1 According to

(b)(1), this Court performed a de novo review of this case. Havi 2 || carefully reviewed the matter, the Court concludes the Findings and Recommendations are supported 3 || by the record and proper analysis. Thus, the Court ORDERS: 4 1. The Findings and Recommendations dated November 11, 2024 (Doc. 32) are 5 ADOPTED in full. 6 2. Counsel’s motion for attorney fees pursuant to 42 U.S.C. 406(b) (Doc. 29) is 7 GRANTED. 8 3. The funds SHALL be paid to counsel, Jonathan O. Pejia, out of the funds withheld by 9 the Social Security Administration, in the amount of $43,003.43. 10 4. After payment of fees, any remaining funds being held by the Administration SHALL 11 be released to Plaintiff, Bernard Ward. 12 5. Counsel SHALL refund the previously awarded fees in the amount of $6,699.26 to 13 Plaintiff. 14 6. The Clerk of Court is directed to serve a copy of this Order on Plaintiff Barnard Ward. 15 2412 E. Tulare Ave., Fresno, CA 93292. 16 17 ||IT IS SO ORDERED. 18 Dated: _ December 12, 2024 ( Li pA L. warm 19 TED STATES DISTRICT JUDGE 20 21 22 23 24 25 26 27 28