Sanderson v. Saul

District Court, E.D. Texas

Sanderson v. Saul

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS No. 6:20-cv-00659 Lisa Diane Sanderson, Plaintiff, V. Commissioner, SSA, Defendant.

ORDER On January 26, 2022, plaintiff Lisa Sanderson filed a motion for attorney fees under the Equal Access to Justice Act (“EAJA”). Doc. 29. The Commissioner did not file a response. The motion was re- ferred to United States Magistrate Judge John D. Love for findings of fact and recommendation for disposition. On February 11, 2022, Judge Love issued a report and recom- mendation, recommending that plaintiff’s motion be granted and that the Commissioner pay to plaintiff the sum of $4,630.35 in rea- sonable attorney fees under the EAJA. Doc. 30. Neither party has filed objections to the report and recommen- dation, and the timeframe for doing so has passed. The court there- fore reviews the magistrate judge’s findings for clear error or abuse of discretion and reviews his legal conclusions to determine whether they are contrary to law. United States v. Wilson,

864 F.2d 1219, 1221

(5th Cir. 1989) (holding that, if no objections to a magistrate judge’s report are filed, the standard of review is “clearly erroneous, abuse of discretion and contrary to law”). Having reviewed the magistrate judge’s report (Doc. 30), and be- ing satisfied that it contains no clear error, the court accepts its find- ings and recommendation. Plaintiff’s motion (Doc. 29) is granted, and the Commissioner shall pay to plaintiff the sum of $4,630.35 by making the payment payable to plaintiff and sending the payment to plaintiff’s counsel.

So ordered by the court on March 1, 2022. flack BARKER United States District Judge

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