Grant v. Colvin

Filing 26

MEMORANDUM OPINION AND ORDER as follows: 1. That the motion for attorneys fees (doc. 22 ) be and is hereby GRANTED and the plaintiff be and is hereby AWARDED fees in the amount of $3,923.60. 2. To the extent that plaintiffs counsel requests tha t fees should be awarded to directly to counsel, 28 U.S.C. § 2412(d)(1)(A) authorizes the court to award fees to the prevailing party. See 28 U.S.C. § (d)(2)(B). See also Reeves, supra. The motion that fees be paid directly to counsel be and is hereby DENIED. Signed by Honorable Judge Charles S. Coody on 1/11/2016. (dmn, )

IN THE DISTRICT COURT OF THE UNITED STATES
FOR THE MIDDLE DISTRICT OF ALABAMA
NORTHERN DIVISION
LESTER LAMAR GRANT,
Plaintiff,
v.
CAROLYN W. COLVIN,
Acting Commissioner of Social Security,
Defendant.

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CIVIL ACTION NO. 2:14cv654-CSC

MEMORANDUM OPINION and ORDER
Now pending before the court is the plaintiff’s motion for attorney’s fees pursuant to
the Equal Justice Act, 28 U.S.C. § 2412(d), filed on December 21, 2015. (Doc. # 22). The
defendant does not object to an award of fees in the amount of $3,923.60. See Doc. # 25.
On May 5, 2008, the Eleventh Circuit Court of Appeals decided Reeves v. Astrue, 526
F.3d 732 (11th Cir. 2008) in which the Court unambiguously held that “attorney's fees are
awarded to the prevailing party, not to the prevailing party's attorney.” Id. at 738. On June
14, 2010, the United States Supreme Court decided Astrue v. Ratliff, 560 U.S. 130 (2010) in
which the Court unambiguously held that attorney’s fees are awarded to the prevailing
litigant, not to prevailing litigant’s attorney. See also Reeves v. Astrue, 526 F.3d 732, 738
(11th Cir. 2008) (“attorney’s fees are awarded to the prevailing party, not to the prevailing
party's attorney.”). Accordingly, upon consideration of the motion, and for good cause, it is
ORDERED as follows:
1.

That the motion for attorney’s fees (doc. # 22) be and is hereby GRANTED

and the plaintiff be and is hereby AWARDED fees in the amount of $3,923.60.

2.

To the extent that plaintiff’s counsel requests that fees should be awarded to

directly to counsel, 28 U.S.C. § 2412(d)(1)(A) authorizes the court to award fees to the
prevailing party. See 28 U.S.C. § (d)(2)(B). See also Reeves, supra. The motion that fees
be paid directly to counsel be and is hereby DENIED.
Done this 11th day of January, 2016.

/s/Charles S. Coody
CHARLES S. COODY
UNITED STATES MAGISTRATE JUDGE