Martinez v. Commissioner of Social Security

Filing 45

ORDER signed by Magistrate Judge Dennis M. Cota on 12/18/18 GRANTING 38 Motion for Attorney Fees, AWARDING plaintiff EAJA attorney's fees in the amount of $11,228.81, payable directly to plaintiff by the Commissioner within 65 days. (Coll, A)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JOEL HERNANDEZ MARTINEZ,

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Plaintiff,

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No. 2:16-CV-0101-DMC

v.

ORDER

COMMISSIONER OF SOCIAL
SECURITY,
Defendant.

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Plaintiff, who is proceeding with retained counsel, brought this action for judicial

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review of a final decision of the Commissioner of Social Security under 42 U.S.C. § 405(g).

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Final judgment was entered on May 2, 2018, remanding this matter for further proceedings.

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Pending before the court is plaintiff’s unopposed motion for attorney’s fees under the Equal

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Access to Justice Act (EAJA) (Doc. 38).1

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Defendant was provided two extensions of time to file an opposition to plaintiff’s
motion, the most recent extension to September 28, 2018. To date, no opposition has been filed.
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Given the lack of any opposition from the Commissioner, the reasonableness of

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the fees sought, and good cause appearing therefor, plaintiff’s motion is granted. Plaintiff is

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awarded EAJA attorney’s fees in the amount of $11,228.81, payable directly to plaintiff by the

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Commissioner within 65 days of the date of this order. See Astrue v. Ratliff, 130 S.Ct. 2521

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(2010).

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IT IS SO ORDERED.

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Dated: December 18, 2018
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DENNIS M. COTA
UNITED STATES MAGISTRATE JUDGE

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