Garza v. Colvin

Filing 19

MEMORANDUM OPINION AND ORDER: It is ORDERED as follows: 1. That the 16 Motion for Attorney's Fees be and is hereby GRANTED and the plaintiff be and is hereby AWARDED fees in the amount of $4,431.23. 2. To the extent that plaintiff's counsel requests that fees should be awarded 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 12/14/2016. (dmn, )

IN THE DISTRICT COURT OF THE UNITED STATES
FOR THE MIDDLE DISTRICT OF ALABAMA
EASTERN DIVISION
RAY ABRAHAM GARZA,
Plaintiff,
v.
CAROLYN W. COLVIN,
Acting Commissioner of Social Security,
Defendant.

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CIVIL ACTION NO. 3:15cv175-CSC

MEMORANDUM OPINION and ORDER
Now pending before the court is the plaintiff’s motion for attorney fees pursuant to
the Equal Justice Act, 28 U.S.C. § 2412(d), filed on December 1, 2016. (Doc. # 16). The
defendant does not object to an award of fees. See Doc. # 18.
On June 14, 2010, the United States Supreme Court decided Astrue v. Ratliff, 560
U.S. 586 (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. # 16) be and is hereby GRANTED

and the plaintiff be and is hereby AWARDED fees in the amount of $4,431.23.

2.

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

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 14th day of December, 2016.

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