Rhodes v. Social Security Administration
Rhodes v. Social Security Administration
Trial Court Opinion
UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF TENNESSEE NORTHEASTERN DIVISION
DENISE ADELINE RHODES, ) ) Plaintiff, ) ) v. ) No. 2:21-cv-00013 ) MARTIN O’MALLEY, Commissioner of ) the Social Security Administration, ) ) Defendant. )
ORDER Pending before the Court is a Report and Recommendation (“R&R”) (Doc. No. 36), wherein the Magistrate Judge recommends the Court should grant as modified Rhodes’ Motion (Doc. No. 31) seeking an award of attorneys’ fees under the Equal Access to Justice Act,
28 U.S.C. § 2412and award Rhodes attorneys’ fees in the amount of $8,983.03. Neither Rhodes nor O’Malley filed a timely objection to the R&R. When neither party objects to the R&R within 14 days of service, the Court need not review the matter independently. Lawhorn v. Buy Buy Baby, Inc., No. 3:20-cv-00201,
2021 WL 1063075, at *1 (M.D. Tenn. Mar. 19, 2021); see also Thomas v. Arn,
474 U.S. 140, 150(1985) (“It 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.”). Nevertheless, the Court thoroughly reviewed the R&R and agrees with its recommended disposition. The R&R is APPROVED AND ADOPTED. Rhodes’ Motion (Doc. No. 31) is hereby GRANTED as modified and Rhodes is AWARDED attorney fees in the amount of $8,983.03. IT IS SO ORDERED.
WAVERLY 4 RENSHAW. JR. UNITED STATES DISTRICT JUDGE
Reference
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