Reynolds v. Social Security Administration Commissioner

Filing 17

ORDER re 15 MOTION for Attorney Fees filed by James Ray Reynolds. Plaintiff has (10) days from the date of this Order or until 8/3/10 to file a consumer Price Index or other documentation justifying this fee increase. Otherwise, Plaintiff will not be awarded the rate of $165.00 per hour. Signed by Honorable Barry A. Bryant on July 20, 2010. (lw)

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Reynolds v. Social Security Administration Commissioner Doc. 17 IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS HOT SPRINGS DIVISION JAMES RAY REYNOLDS v. Civil No. 6:09-cv-06038 PLAINTIFF MICHAEL J. ASTRUE Commissioner, Social Security Administration DEFENDANT ORDER On June 28, 2010, Plaintiff filed a Petition for Attorney Fees under the EAJA. (Doc. No. 15). In his Petition, Plaintiff requested 15.75 hours at an hourly rate of $165.00 per hour. However, Plaintiff has not provided any documentation justifying a fee increase from $125.00 per hour to $165.00 per hour. 28 U.S.C. 2412(d)(2)(A) (requiring a showing justifying an increase in EAJA fees such as "an increase in the cost of living or a special factor, such as the limited availability of qualified attorneys for the proceedings involved"). It appears Plaintiff attempted to provide such a justification when he filed an additional attachment to his Petition on July 15, 2010. This attachment, however, does not contain the required information. Accordingly, Plaintiff has ten (10) days from the date of this Order or until August 3, 2010 to file a Consumer Price Index (CPI) or other documentation justifying this fee increase. Otherwise, Plaintiff will not be awarded the rate of $165.00 per hour. ENTERED this 20th day of July, 2010. /s/ Barry A. Bryant HON. BARRY A. BRYANT U.S. MAGISTRATE JUDGE Dockets.Justia.com

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