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)

Download PDF
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

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?