Mitchell v. Social Security Administration, Commissioner of et al

Filing 22

ORDER granting 17 Motion for Attorney Fees; adopting 21 Report and Recommendations. Signed by District Judge Curtis L Collier on February 3, 2014. (CNC, )

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TENNESSEE AT CHATTANOOGA KELLIE S. MITCHELL ) ) Plaintiff, ) ) v. ) ) ) COMMISSIONER OF SOCIAL SECURITY, ) ) Defendant. ) 1:13-CV-134 Collier/Lee ORDER Now before the Court is Plaintiff Kellie Mitchell’s (“Plaintiff”)’s motion for attorney’s fees under the Equal Access to Justice Act, 28 U.S.C. § 2412(d) (Court File No. 17), to which the Social Security Commissioner (“Defendant”) responded (Court File No. 20). On January 14, 2014, United States Magistrate Judge William B. Mitchell Carter filed a report and recommendation (“R&R”) in this case, pursuant to 28 U.S.C. § 636(b)(1) and Fed. R. Civ. P. 72(b) (Court File No. 21). In the R&R, Judge Carter recommended Plaintiff’s motion for attorney’s fees be granted and Plaintiff’s attorney be awarded $2,132.68 in attorney’s and paralegal fees. Neither party has objected to the R&R within the given 14 days. After reviewing the record, this Court agrees with, and hereby ACCEPTS and ADOPTS, the R&R (Court File No. 21). Accordingly, the Court GRANTS Plaintiff’s motion for attorney’s fees (Court File No. 17) and AWARDS Plaintiff a total amount of $2,132.68 for his attorney’s and paralegal fees to be paid in a manner consistent with 28 U.S.C. § 2412. SO ORDERED. ENTER: /s/ CURTIS L. COLLIER UNITED STATES DISTRICT JUDGE

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