Jackson v. Social Security Administration, Commissioner of

Filing 28

ORDER granting 25 Motion for Attorney Fees; adopting Report and Recommendations re 27 Report and Recommendations. Signed by District Judge Travis R McDonough on January 21, 2021. (SAC)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TENNESSEE AT CHATTANOOGA CASSANDRA JACKSON, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY ADMINISTRATION, Defendant. ) ) ) ) ) ) ) ) ) ) Case No. 1:17-cv-335 Judge Travis R. McDonough Magistrate Judge Susan K. Lee ORDER On December 11, 2020, United States Magistrate Judge Susan K. Lee filed her report and recommendation (Doc. 27) pursuant to 28 U.S.C. § 636(b)(1) and Federal Rule of Civil Procedure 72(b). Magistrate Judge Lee recommended that Plaintiff’s motion for attorney’s fees pursuant to 42 U.S.C. § 406(b) (Doc. 25) be granted. Neither party has filed an objection to Magistrate Judge Lee’s report and recommendation.1 Nevertheless, the Court has conducted a review of the report and recommendation, as well as the record, and it agrees with Magistrate Judge Lee’s well-reasoned conclusions. 1 Magistrate Judge Lee specifically advised the parties that they had fourteen days in which to object to the report and recommendation and that failure to do so would waive any right to appeal. (Doc. 27, at 7 n.2); see Fed. R. Civ. P. 72(b)(2); see also Thomas v. Arn, 474 U.S. 140, 148–51 (1985) (noting that “[i]t does not appear that Congress intended to require district court review of a magistrate’s factual or legal conclusions, under a de novo or any other standard, when neither party objects to those findings”). Even taking into account the three additional days for service provided by Fed. R. Civ. P. 6(d), the period in which the parties could timely file any objections has now expired. Case 1:17-cv-00335-TRM-SKL Document 28 Filed 01/21/21 Page 1 of 2 PageID #: 1296 Accordingly, the Court ACCEPTS and ADOPTS Magistrate Judge Lee’s report and recommendation (Doc. 27). Plaintiff’s motion for attorney’s fees (Doc. 25) is GRANTED in the fee award amount of $6,000. SO ORDERED. /s/ Travis R. McDonough TRAVIS R. MCDONOUGH UNITED STATES DISTRICT JUDGE 2 Case 1:17-cv-00335-TRM-SKL Document 28 Filed 01/21/21 Page 2 of 2 PageID #: 1297

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