Cheatham v. Knox County et al

Filing 56

ORDER that the Court ACCEPTS IN WHOLE the R&R 52 and DENIES Knox County's Motion for Attorney's Fees 43 . Signed by District Judge Thomas A Varlan on 1/7/13. (ABF)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
AT KNOXVILLE
DIANE CHEATHAM,
Plaintiff,
v.
KNOX COUNTY, et al.,
Defendants.

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No.: 3:10-CV-541
(VARLAN/GUYTON)

ORDER
This civil matter is before the Court on the Report and Recommendation (the
“R&R”) entered by United States Magistrate Judge H. Bruce Guyton [Doc. 52]. In the
R&R, Magistrate Judge Guyton recommends denying Knox County’s Motion for
Attorney’s Fees [Doc. 43] because Knox County is not a prevailing party for purposes of
42 U.S.C. § 1988 and thus has failed to demonstrate a statutory prerequisite to the
recovery of an award of attorney’s fees. There have been no timely objections to the
R&R, and enough time has passed since the filing of the R&R to treat any objections as
having been waived. See 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b).
After a careful review of the matter, the Court is in agreement with Magistrate
Judge Guyton’s recommendations, which the Court adopts and incorporates into its

ruling.

Accordingly, the Court ACCEPTS IN WHOLE the R&R [Doc. 52] and

DENIES Knox County’s Motion for Attorney’s Fees [Doc. 43].
IT IS SO ORDERED.

s/ Thomas A. Varlan
CHIEF UNITED STATES DISTRICT JUDGE

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