Elms v. Commissioner of Social Security, 16-10180. (2019)
Court: District Court, E.D. Michigan
Number: infdco20190410d68
Visitors: 5
Filed: Apr. 09, 2019
Latest Update: Apr. 09, 2019
Summary: ORDER R. STEVEN WHALEN , Magistrate Judge . Before the Court is Plaintiff's second motion for attorney fees under the Equal Access to Justice Act ("EAJA") [Doc. #37], filed on March 21, 2019. The motion will be DENIED for two reasons. First, it is untimely. Under 28 U.S.C. sec. 2412(d)(1)(B) and (d)(2)(G), an application for fees must be submitted within 30 days of the entry of judgment. Judgment was entered on September 18, 2017. Secondly, the Court has, be separate Opinion and Order, a
Summary: ORDER R. STEVEN WHALEN , Magistrate Judge . Before the Court is Plaintiff's second motion for attorney fees under the Equal Access to Justice Act ("EAJA") [Doc. #37], filed on March 21, 2019. The motion will be DENIED for two reasons. First, it is untimely. Under 28 U.S.C. sec. 2412(d)(1)(B) and (d)(2)(G), an application for fees must be submitted within 30 days of the entry of judgment. Judgment was entered on September 18, 2017. Secondly, the Court has, be separate Opinion and Order, al..
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ORDER
R. STEVEN WHALEN, Magistrate Judge.
Before the Court is Plaintiff's second motion for attorney fees under the Equal Access to Justice Act ("EAJA") [Doc. #37], filed on March 21, 2019. The motion will be DENIED for two reasons.
First, it is untimely. Under 28 U.S.C. sec. 2412(d)(1)(B) and (d)(2)(G), an application for fees must be submitted within 30 days of the entry of judgment. Judgment was entered on September 18, 2017.
Secondly, the Court has, be separate Opinion and Order, already granted Plaintiff's first motion for EAJA fees. The present motion is therefore moot.
Accordingly, Plaintiff's motion [Doc. #37] is DENIED.
IT IS SO ORDERED.
Source: Leagle
