Stewart v. Hamilton et al

Filing 8

ORDER ADOPTING in toto 7 Report and Recommendations. Plaintiff's complaint is DISMISSED WITHOUT PREJUDICE pursuant to Federal Rule of Civil Procedure 41(b) and Local Rule 5.5(c)(2). Signed by Honorable Susan O. Hickey on May 9, 2022. (mjm)

Case 3:21-cv-00542-JTA Document 23 Filed 05/10/22 Page 1 of 2

IN THE DISTRICT COURT OF THE UNITED STATES
FOR THE MIDDLE DISTRICT OF ALABAMA
EASTERN DIVISION
WALTER S. MOTEN, JR.,
Plaintiff,
v.
KILOLO KIJAKAZI,
Acting Commissioner of Social Security,
Defendant.

)
)
)
)
)
)
)
)
)
)

CASE NO. 3:21-cv-542-JTA
(WO)

ORDER
Before the Court is Plaintiff’s Application for Award of Attorney Fees Pursuant to
the Equal Access to Justice Act, 28 U.S.C. § 2412(d) on Consent and Without Objection
by the Government. (Doc. No. 20.) The plaintiff is the prevailing party in this litigation
and seeks fees in the amount of $ 6,226.00. The Defendant Commissioner of Social
Security (“Commissioner”) does not object to a fee award in this amount. (Doc. No. 22.)
On May 5, 2008, the Eleventh Circuit Court of Appeals decided Reeves v. Astrue,
526 F.3d 732 (11th Cir. 2008), wherein the Court unambiguously held that “attorney’s fees
are awarded to the prevailing party, not to the prevailing party’s attorney.” Id. at 738. On
June 14, 2010, the United States Supreme Court decided Astrue v. Ratliff, 560 U.S. 586,
130 S. Ct. 2521, 177 L. Ed. 2d 91 (2010), wherein the Court also unambiguously held that
attorney’s fees are awarded to the prevailing litigant – not to prevailing litigant’s attorney
– and are therefore subject to any offset for debts. Accordingly, upon consideration of the
motion, the lack of objection by the Commissioner, and for good cause shown, it is hereby

Case 3:21-cv-00542-JTA Document 23 Filed 05/10/22 Page 2 of 2

ORDERED as follows:
1. The Application for Award of Attorney Fees pursuant to the Equal Access to
Justice Act (Doc. No. 20) is GRANTED.
2. The plaintiff is hereby AWARDED fees in the amount of $6,226.00.
3. The check shall be mailed to Walter S. Moten, Jr. c/o Bryan Konoski, Esq.
Konoski & Partners, PC, 305 Broadway, 7th Floor, New York, NY 10007.
DONE this 10th day of May, 2022.

JERUSHA T. ADAMS
UNITED STATES MAGISTRATE JUDGE

2