ALBERS v. COLVIN, 4:12CV3050. (2014)
Court: District Court, D. Nebraska
Number: infdco20140819949
Visitors: 7
Filed: Aug. 18, 2014
Latest Update: Aug. 18, 2014
Summary: ORDER THOMAS D. THALKEN, Magistrate Judge. This matter is before the court on the plaintiff's Application for Attorney Fees (Filing No. 25). The defendant filed an Objection (Filing No. 26) to the application. The plaintiff did not file a reply. The plaintiff seeks attorney fees pursuant to the Equal Access to Justice Act (EAJA), 28 U.S.C. 2412(d). On December 21, 2012, the court reversed the final decision of the Commissioner, remanding the matter for further proceedings. See Filing Nos.
Summary: ORDER THOMAS D. THALKEN, Magistrate Judge. This matter is before the court on the plaintiff's Application for Attorney Fees (Filing No. 25). The defendant filed an Objection (Filing No. 26) to the application. The plaintiff did not file a reply. The plaintiff seeks attorney fees pursuant to the Equal Access to Justice Act (EAJA), 28 U.S.C. 2412(d). On December 21, 2012, the court reversed the final decision of the Commissioner, remanding the matter for further proceedings. See Filing Nos. 2..
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ORDER
THOMAS D. THALKEN, Magistrate Judge.
This matter is before the court on the plaintiff's Application for Attorney Fees (Filing No. 25). The defendant filed an Objection (Filing No. 26) to the application. The plaintiff did not file a reply. The plaintiff seeks attorney fees pursuant to the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d). On December 21, 2012, the court reversed the final decision of the Commissioner, remanding the matter for further proceedings. See Filing Nos. 23-24. The plaintiff filed the instant motion on July 17, 2014. See Filing No. 25. Pursuant to the EAJA, a party "shall, within thirty days of final judgment in the action, submit to the court an application for fees. ..." 28 U.S.C. § 2412(d)(1)(B). The thirty-day period begins after final judgment is entered and the appeals period has run. Melkonyan v. Sullivan, 501 U.S. 89, 96 (1991). The plaintiff's application is untimely by over one year under the statute and the plaintiff fails to suggest equitable tolling might be appropriate. Accordingly,
IT IS ORDERED:
1. The plaintiff's Application for Attorney Fees (Filing No. 25) is denied.
2. The defendant's Objection (Filing No. 26) is sustained.
3. Pursuant to Federal Rule of Civil Procedure 25(d), the Clerk of Court shall amend the docket sheet to reflect substitution for the defendant of Carolyn W. Colvin, Acting Commissioner of the Social Security Administration for Michael J. Astrue.
Source: Leagle
