IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TYLER DIVISION JEROME YEARBY, § § § CIVIL ACTION NO. 6:21-CV-00503- Plaintiff, § JDK § v. § § COMMISSIONER, SSA, § § Defendant. § ORDER ADOPTING REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE On December 23, 2022, Plaintiff Jerome Yearby filed a motion for attorneys' fees under the Equal Access to Justice Act (“EAJA”). Docket No. 14. The Commissioner filed a response of non-opposition. Docket No. 17. The motion was referred to Judge Love for findings of fact and recommendation for disposition. Docket No. 15. On January 9, 2023, Judge Love issued a Report and Recommendation recommending that Plaintiff’s motion be granted and that the Commissioner pay to Plaintiff the sum of $8,480.00 in reasonable attorneys' fees under the EAJA and $402.00 in costs. Docket No. 18. No objections to the Report were filed, and the time period for filing objections has passed. Because objections to Judge Love’s Report have not been filed, Plaintiff is barred from de novo review by the District Judge of those findings, conclusions, and the unobjected-to proposed factual findings and legal conclusions accepted and adopted by the district court. Douglass v. United Services Auto. Ass’n,

(5th Cir. 1996) (en banc). The Court has reviewed the filings in this cause and the Report of the Magistrate Judge. Upon such review, the Court has determined that the Report of the Magistrate Judge is correct. See United States v. Wilson,

(5th Cir.), cert. denied,

,

(1989) (holding that where no objections to a Magistrate Judge’s Report are filed, the standard of review is “clearly erroneous, abuse of discretion and contrary to law.”). Accordingly, it is hereby ORDERED that the Magistrate Judge’s Report (Docket No. 18) is ADOPTED. Plaintiff's motion (Docket No. 14) is GRANTED and the Commissioner shall pay to plaintiff the sum of $8,480.00 in fees pursuant to EAJA,

(d), and $402.00 in costs, by making the payment payable to Plaintiff and sending the payment to Plaintiffs counsel. So ORDERED and SIGNED this 25th day of January, 2023. qe J Korb JHKREMYD. KERN DLE UNITED STATES DISTRICT JUDGE