Waston v. Financial Accounts Service Team, Inc

Filing 17

ORDER accepting and adopting 16 Report and Recommendations; granting 12 Motion for Attorney Fees. Signed by District Judge Harry S Mattice, Jr on 4/18/17. (aws, )

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TENNESSEE at GREENEVILLE SANDRA K. WATSON, Plaintiff, v. FINANCIAL ACCOUNTS SERVICE TEAM, INC., Defendant. ) ) ) ) ) ) ) ) ) ) ) Case No. 2:16-cv-260 Judge Mattice Magistrate Judge Corker ORDER On January 20, 2017, United States Magistrate Judge Clifton Corker filed a Report and Recommendation (Doc. 16) 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. 12) be granted, and that Plaintiff be awarded attorney’s fees in the amount of $3,380.00. 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. 12) is hereby GRANTED. Plaintiff SHALL be awarded attorney’s fees in the amount of $ 3,380.00. Plaintiff secured a default judgment against Defendant (Doc. 9), who has, to date, failed to appear. Every Court order, however, was sent to Defendant at the address provided on the certificate of service. Magistrate Judge Corker specifically advised 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. (Doc. 16 at 3 n. 1); 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”). 1 SO ORDERED this 18th day of April, 2017. /s/ Harry S. Mattice, Jr._______ HARRY S. MATTICE, JR. UNITED STATES DISTRICT JUDGE 2

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