WAGNER v. COLVIN, 3:13cv00194. (2014)
Court: District Court, S.D. Ohio
Number: infdco20140929a20
Visitors: 4
Filed: Sep. 26, 2014
Latest Update: Sep. 26, 2014
Summary: REPORT AND RECOMMENDATIONS 1 SHARON L. OVINGTON, Chief Magistrate Judge. This case is before the Court upon the parties' Stipulation For Award Of Attorney Fees under the Equal Access to Justice Act (EAJA), 28 U.S.C. 2412. (Doc. #19). The parties agree that Plaintiff is entitled to an award of attorney fees under the EAJA in the total amount of $4,500.00. The parties also agree that such an award will fully satisfy any and all of Plaintiff's claims for fees, costs, and expenses under the EAJA
Summary: REPORT AND RECOMMENDATIONS 1 SHARON L. OVINGTON, Chief Magistrate Judge. This case is before the Court upon the parties' Stipulation For Award Of Attorney Fees under the Equal Access to Justice Act (EAJA), 28 U.S.C. 2412. (Doc. #19). The parties agree that Plaintiff is entitled to an award of attorney fees under the EAJA in the total amount of $4,500.00. The parties also agree that such an award will fully satisfy any and all of Plaintiff's claims for fees, costs, and expenses under the EAJA...
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REPORT AND RECOMMENDATIONS1
SHARON L. OVINGTON, Chief Magistrate Judge.
This case is before the Court upon the parties' Stipulation For Award Of Attorney Fees under the Equal Access to Justice Act (EAJA), 28 U.S.C. §2412. (Doc. #19). The parties agree that Plaintiff is entitled to an award of attorney fees under the EAJA in the total amount of $4,500.00. The parties also agree that such an award will fully satisfy any and all of Plaintiff's claims for fees, costs, and expenses under the EAJA.
Under the parties' agreement, any paid EAJA fees belong to Plaintiff and can be offset to satisfy pre-existing debt that he owes the United States. See Astrue v. Ratliff, 560 U.S. 586 (2010).
Accordingly, the Court hereby RECOMMENDS that:
1. The parties' Stipulation for Award Of Attorney Fees under the Equal Access to Justice Act (Doc. #19) be accepted, and Defendant be directed to pay Plaintiff's attorney fees under 28 U.S.C. §2412 in the total amount of $4,500.00;
2. Defendant be directed to verify, within thirty days of this Decision and Order, whether or not Plaintiff owes a pre-existing debt to the United States subject to offset. And, if no such pre-existing debt exists, Defendant be directed to pay the EAJA award directly to Plaintiff's attorney;
3. Plaintiff's Motion for Attorney Fees under Equal Access to Justice Act (Doc. #18) be DENIED as moot; and,
4. The case remains terminated on the docket of this Court.
FootNotes
1. Attached hereto is a NOTICE to the parties regarding objections to this Report and Recommendations.
Source: Leagle
