Dimizio v. Social Security Administration, Commissioner of

Filing 44

ORDER granting 40 Motion for Attorney Fees; adopting Report and Recommendations re 43 Report and Recommendations. Signed by District Judge Harry S Mattice, Jr on 10/20/2017. (BDG, )

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
at GREENEVILLE
DONNA DIMIZIO,
Plaintiff,
v.
NANCY A. BERRYHILL,
Acting Commissioner of Social Security,
Defendant.

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Case No. 2:16-cv-6
Judge Mattice
Magistrate Judge Corker

ORDER
On September 28, 2017, United States Magistrate Judge Clifton Corker filed
a Report and Recommendation (Doc. 43) pursuant to 28 U.S.C. § 636(b)(1) and Federal
Rule of Civil Procedure 72(b). Magistrate Judge Corker recommended that Plaintiff’s
Motion for Attorney Fees (Doc. 40) be granted, and that Plaintiff be awarded attorney’s
fees in the amount of $5,130.00.
Neither party has filed objections to the Magistrate Judge’s Report and
Recommendation.1 Nevertheless, the Court has reviewed the record in this matter, and
the undersigned agrees with the Magistrate Judge’s well-reasoned conclusions.
Accordingly, the Court ACCEPTS and ADOPTS Magistrate Judge Corker’s
findings of fact and conclusions of law. Plaintiff’s Motion (Doc. 40) is hereby GRANTED.
Plaintiff SHALL be awarded attorney’s fees in the amount of $ 5,130.00.

While Magistrate Judge Corker did not specifically advise the parties that they had 14 days in which to
object to the Report and Recommendation and that failure to do so would waive their right to appeal, the
parties’ right to do so is clearly set forth in 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”). In addition, Plaintiff’s Motion was unopposed by the Defendant.

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SO ORDERED this 20th day of October, 2017.

/s/ Harry S. Mattice, Jr._____
HARRY S. MATTICE, JR.
UNITED STATES DISTRICT JUDGE