Henderson v. Social Security Administration Commissioner

Filing 17

ORDER denying 14 MOTION for Attorney Fees EAJA filed by Francille Kay Henderson, as set forth. Signed by Honorable Barry A. Bryant on February 12, 2014. (lw)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
HOT SPRINGS DIVISION
FRANCILLE KAY HENDERSON
vs.

PLAINTIFF
Civil No. 6:12-cv-06122

CAROLYN W. COLVIN
Commissioner, Social Security Administration

DEFENDANT

ORDER
Before the Court is Plaintiff’s Motion for Attorney Fees under the EAJA. ECF No. 14.
Plaintiff filed this Motion on February 6, 2014. Id. Defendant responded to this Motion on February
10, 2014 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. 16. 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 January 29, 2014, 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 12th day of February 2014.
/s/ Barry A. Bryant
HON. BARRY A. BRYANT
U.S. MAGISTRATE JUDGE