Murphy v. Commissioner of Social Security Administration

Filing 40

MEMORANDUM AND ORDER ADOPTING 39 Report and Recommendations; granting 37 Motion for Attorney Fees filed by Alicia M. Murphy. Signed by Judge J. Phil Gilbert on 9/9/2010. (dka, )

Murphy v. Commissioner of Social Security Administration

Doc. 40

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF ILLINOIS ALICIA M. MURPHY, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant. MEMORANDUM AND ORDER This matter comes before the Court on the Report and Recommendation ("R & R") (Doc. 39) of Magistrate Judge Philip M. Frazier recommending that the Court grant Plaintiff Alicia Murphy's Motion for Attorneys' Fees (Doc. 37). Defendant Michael J. Astrue filed a Response (Doc. 38) to said motion. The time for objections to the R & R has passed, yet none have been filed. After reviewing a report and recommendation, the Court may accept, reject or modify, in whole or in part, the findings or recommendations of the magistrate judge in the report. Fed. R. Civ. P. 72(b). The Court must review de novo the portions of the report to which objections are made. The Court has discretion to conduct a new hearing and may consider the record before the magistrate judge anew or receive any further evidence deemed necessary. Id. "If no objection or only partial objection is made, the district court judge reviews those unobjected portions for clear error." Johnson v. Zema Sys. Corp., 170 F.3d 734, 739 (7th Cir. 1999). Here, since no objections were filed, the Court has reviewed Magistrate Judge Frazier's R & R for clear error. Finding the R & R to not be clearly erroneous, the Court hereby ADOPTS the R & R (Doc. 39) in its entirety, whereby the Court GRANTS Murphy's Motion Case No. 08-cv-477-JPG

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for Attorneys' Fees (Doc. 37). Murphy shall recover the $4,004.00 (four-thousand and four dollars) in requested attorneys' fees. IT IS SO ORDERED. DATED: September 9, 2010 s/ J. Phil Gilbert J. PHIL GILBERT DISTRICT JUDGE

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