Moore v. Astrue

GARR M. KING

Merrill Schneider

Schneider Law Offices

Attorney for Plaintiff

Adrian L. Brown

Brittania I. Hobbs

Assistant United States Attorneys

District of Oregon

Benjamin J. Groebner

Special Assistant United States Attorney

Social Security Administration

Office of General Counsel

Attorneys for Defendant KING, Judge:

The Honorable Dennis J. Hubel, United States Magistrate Judge, filed Findings and Recommendation on June 30, 2011. Plaintiff filed timely objections to the Findings and Recommendation.

When either party objects to any portion of a magistrate's Findings and Recommendation concerning a dispositive motion or prisoner petition, the district court must make a de novo determination of that portion of the magistrate's report. 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b); McDonnell Douglas Corp. v. Commodore Business Machines. Inc., 656 F.2d 1309, 1313 (9th Cir. 1981), cert. denied, 455 U.S. 920 (1982). This court has, therefore, given de novo review of the rulings of Magistrate Judge Hubel.

This court ADOPTS the Findings and Recommendation of Magistrate Judge Hubel dated June 30, 2011 (#35) in its entirety.

IT IS HEREBY ORDERED that plaintiff's Motion for Attorney Fees [31] is granted in part. I award a fee of $8,597.88, with the sum of $3,026.01 refunded to the plaintiff representing EAJA fees already awarded.

GARR M. KING

United States District Judge