Huntley v. Astrue

Filing 20

ORDER directing as follows: (1.) That the 17 motion for attorney's fees be and is hereby GRANTED to the extent that the plaintiff be and is hereby AWARDED fees in the amount of $3,770.24; (2.) To the extent that plaintiff's counsel r equests 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. Signed by Honorable Judge Charles S. Coody on 4/26/12. (Furnished to Cashier.) (scn, )

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
SOUTHERN DIVISION
HERCULES HUNTLEY,
Plaintiff,
v.
MICHAEL J. ASTRUE,
COMMISSIONER OF
SOCIAL SECURITY,
Defendant.

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CIVIL ACTION NO. 1:10cv810-CSC
(WO)

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 April 11, 2012. (Doc. # 17). The
defendant does not oppose an award of fees. See Doc. # 19.
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, — S.Ct. —, 2010 WL
2346547 (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. # 17) be and is hereby GRANTED

to the extent that the plaintiff be and is hereby AWARDED fees in the amount of $3,770.24.
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 26th day of April, 2012.

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