Johnson v. Social Security Administration Commissioner

Filing 21

ORDER denying 18 Motion for Attorney Fees. Signed by Honorable Barry A. Bryant on August 10, 2015. (mll)

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS TEXARKANA DIVISION CHARLES RANDEL JOHNSON, SR. vs. PLAINTIFF Civil No. 4:14-cv-04134 CAROLYN W. COLVIN Commissioner, Social Security Administration DEFENDANT ORDER Before the Court is Plaintiff’s Motion for Attorney Fees under the EAJA. ECF No. 18. Plaintiff filed this Motion on August 4, 2015. Id. Defendant responded to this Motion on August 7, 2015 and claims this Motion should be denied as premature because the time to appeal the judgment in this matter has not yet expired. ECF No. 20. Defendant did not respond to the merits of Plaintiff’s Motion because she claims this Motion is premature. Id. The judgment is this action was entered on June 22, 2015, and Defendant is correct that the judgment in this case may still be appealed by the U.S. Government. See FED. R. APP. P. 4(a)(1)(B) (permitting the U.S. Government sixty days to appeal a judgment). Further, an EAJA application should not be filed until this judgment is final and the time to appeal has expired. See Melkonyan v. Sullivan, 501 U.S. 89, 102 (1991). Accordingly, this Motion is DENIED without prejudice to refiling. Plaintiff may refile this Motion after the Government’s time to appeal the judgment in this matter has expired. After Plaintiff refiles this Motion, the Government will then be given the opportunity to respond to the merits of this Motion. ENTERED this 10th day of August 2015. /s/ Barry A. Bryant HON. BARRY A. BRYANT U.S. MAGISTRATE JUDGE

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