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D'Alessandro v. Mukasey

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK


July 6, 2010

GIUSEPPE D'ALESSANDRO, PETITIONER,
v.
MICHAEL B. MUKASEY, UNITED STATES ATTORNEY GENERAL, ET AL., RESPONDENTS.

The opinion of the court was delivered by: Honorable Richard J. Arcara United States District Judge

ORDER

This case was referred to Magistrate Judge Victor E. Bianchini, pursuant to 28 U.S.C. § 636(b)(1), on March 2, 2009. On August 21, 2009, petitioner filed a motion for attorneys' fees. On March 31, 2010, Magistrate Judge Bianchini filed a Report and Recommendation,*fn1 recommending that the motion be granted and awarding Equal Access to Justice Act ("EAJA") attorneys' fees in the amount of $47,432.45 plus costs in the amount of $670.70.

Respondent filed objections to the Report and Recommendation on April 28, 2010, and petitioner filed a response thereto. Oral argument on the objections was held on June 28,2010.

Pursuant to 28 U.S.C. § 636(b)(1), this Court must make a de novo determination of those portions of the Report and Recommendation to which objections have been made. Upon a de novo review of the Report and Recommendation, and after reviewing the submissions and hearing argument from the parties, the Court adopts the proposed findings of the Report and Recommendation.

Accordingly, for the reasons set forth in Magistrate Judge Bianchini's Report and Recommendation, petitioner's motion is granted and the court awards EAJA fees in the amount of $47,432.45 plus costs in the amount of $670.70.

SO ORDERED.


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