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Norvell v. Colvin, 3:16-CV-869-GCM-DCK. (2017)

Court: District Court, W.D. North Carolina Number: infdco20171114c39 Visitors: 15
Filed: Nov. 13, 2017
Latest Update: Nov. 13, 2017
Summary: ORDER DAVID C. KEESLER , Magistrate Judge . THIS MATTER IS BEFORE THE COURT on "Plaintiff's Consent Motion For Attorney's Fees And Costs Under Equal Access To Justice Act" (Document No. 15) filed November 9, 2017. This motion has been referred to the undersigned Magistrate Judge pursuant to 28 U.S.C. 636(b), and immediate review is appropriate. Having carefully considered the motion and the record, and noting consent of Defendant's counsel, the undersigned will grant the motion. This
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ORDER

THIS MATTER IS BEFORE THE COURT on "Plaintiff's Consent Motion For Attorney's Fees And Costs Under Equal Access To Justice Act" (Document No. 15) filed November 9, 2017. This motion has been referred to the undersigned Magistrate Judge pursuant to 28 U.S.C. § 636(b), and immediate review is appropriate. Having carefully considered the motion and the record, and noting consent of Defendant's counsel, the undersigned will grant the motion.

This action being submitted to the Court for entry of a Consent Order agreed to by the Parties and it appearing that Plaintiff, by and through his attorney, has executed this Consent Order and Defendant has executed this Consent Order, by and through the undersigned Special Assistant United States Attorney; and it appearing that the Parties have agreed that Plaintiff, Neal Norvell, is awarded attorney fees and costs under the EAJA in the amount of $5,533.39 in full and final settlement of attorney fees and costs arising under the Equal Access to Justice Act (EAJA). 28 U.S.C. § 2412(d). In accordance with Plaintiff's corresponding Consent Motion, full or partial remittance of the awarded attorney fees will be contingent upon a determination by the Government that Plaintiff owes no qualifying, pre-existing debt(s) to the Government. If such a debt(s) exists, the Government will reduce the awarded attorney fees in this Order to the extent necessary to satisfy such debt(s).

IT IS, THEREFORE, ORDERED that "Plaintiff's Consent Motion For Attorney's Fees And Costs Under Equal Access To Justice Act" (Document No. 15) is GRANTED, and the Commissioner pay the sum of $5,533.39 in full satisfaction of any and all claims arising under EAJA, 28 U.S.C. § 2412(d), and upon the payment of such sums this case is dismissed with prejudice.

Source:  Leagle

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