Opinion
No. 3:09-CV-51.
June 20, 2011
MEMORANDUM AND ORDER
This matter is before the Court on the Report and Recommendation ("R R") filed by United States Magistrate Judge H. Bruce Guyton [Doc. 30]. 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 this matter, the Court is in complete agreement with the magistrate judge's conclusion that Plaintiff's Motion for Attorney Fees [Doc. 25] be denied without prejudice. Accordingly, the Court ACCEPTS IN WHOLE the R R [Doc. 30] under 28 U.S.C. § 636(b)(1) and Fed.R.Civ.P. 72(b). It is ORDERED, for the reasons stated in the R R [Doc. 30], which the Court adopts and incorporates into its ruling, that Plaintiff's Motion for Attorney Fees [Doc. 25] be DENIED WITHOUT PREJUDICE. Plaintiff may refile such motion if he prevails on the underlying ERISA claim.