Johnson v. Social Security Administration, Commissioner of

Filing 27

ORDER, the court ACCEPTS IN WHOLE the report and recommendation 26 . Plaintiff's "Motion for Approval of Attorney's Fees Under 42 U.S.C. § 406(b)" 21 is GRANTED. Plaintiff is awarded Six Thousand Four Hundred Seventy-Seven Dollars and Forty-Eight Cents ($6,477.48) in attorney's fees. Upon receipt of that fee, plaintiff's attorney shall remit to plaintiff the $1,475.00 award he previously received from the Commissioner pursuant to EAJA, 28 U.S.C. § 2142(d), and this court's July 1, 2014 order 20 . Signed by District Judge R Leon Jordan on 3/17/15. (ADA)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
GREENEVILLE DIVISION
SANDRA L. JOHNSON,
Plaintiff,
vs.
CAROLYN W. COLVIN,
Acting Commissioner of Social
Security,
Defendant.

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ORDER

This matter is before the court for consideration of the report and
recommendation filed by United States Magistrate Judge C. Clifford Shirley, Jr. on
February 12, 2015 [doc. 26]. Magistrate Judge Shirley recommends that plaintiff’s
“Motion for Approval of Attorney’s Fees Under 42 U.S.C. § 406(b)” [doc. 21] be
granted. There have been no timely objections filed to this report and recommendation,
and enough time has passed since the filing of the report and recommendation to treat any
objections as having been waived. See 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b). The
Commissioner has however submitted responses to the motion stating that she does not
oppose the requested relief [docs. 24, 25].
After a careful review of this matter, the court is in complete agreement
with the magistrate judge’s recommendation.

The court therefore ACCEPTS IN

WHOLE the report and recommendation under 28 U.S.C. § 636(b)(1) and Fed. R. Civ.
P. 72(b). It is ORDERED for the reasons stated in the report and recommendation,

which the court adopts and incorporates into its ruling, that plaintiff’s “Motion for
Approval of Attorney’s Fees Under 42 U.S.C. § 406(b)” [doc. 21] is GRANTED.
Plaintiff is awarded Six Thousand Four Hundred Seventy-Seven Dollars and Forty-Eight
Cents ($6,477.48) in attorney’s fees. Upon receipt of that fee, plaintiff’s attorney shall
remit to plaintiff the $1,475.00 award he previously received from the Commissioner
pursuant to EAJA, 28 U.S.C. § 2142(d), and this court’s July 1, 2014 order [doc. 20].

IT IS SO ORDERED.
ENTER:

s/ Leon Jordan
United States District Judge

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