Francis v. Office of Navajo and Hopi Indian Relocation

Filing 35

ORDER granting the parties' 34 Motion to Vacate the Court's 33 Order of 09/05/08. DISMISSING this case with prejudice. Pla is granted leave to file a Motion for Attorney's Fees under the Equal Access to Justice Act. That any pending motions are terminated and any hearing in this matter are hereby vacated. That the Clerk of Court shall close this case. Signed by Judge Stephen M McNamee on 10/02/08.(ESL)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

) ) ) Plaintiff, ) ) v. ) Office of Navajo Hopi Indian Relocation,) ) ) Defendant. ) ) James Francis,

No. CIV 07-8130-PCT-SMM ORDER

Pending before the Court is the parties' Joint Motion to Vacate the Court's Order of September 5, 2008, dismissing the above captioned matter with prejudice.1 (Doc. 34.) The case was dismissed pursuant to the Stipulation to Dismiss filed by the parties on September 4, 2008. In that stipulation the parties failed to note that Plaintiff is entitled to costs and attorney's fees pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412 (EAJA). Accordingly, IT IS HEREBY ORDERED GRANTING the parties' Motion to Vacate the Court's Order of September 5, 2008. (Doc. 34.) IT IS FURTHER ORDERED DISMISSING this case with prejudice. Plaintiff is granted leave to file a Motion for Attorney's Fees under the Equal Access to Justice Act.

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Plaintiff also requested leave therein to file a Motion for Attorney's fees under the

EAJA.

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IT IS FURTHER ORDERED that any pending motions (Docs. 32 and 29) are TERMINATED and any hearings in this matter are hereby VACATED. IT IS FURTHER ORDERED that the Clerk of the Court shall close this case. DATED this 2nd day of October, 2008.

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