Maddox v. Colvin

Filing 28

ORDER granting 27 the parties' Joint Stipulation for EAJA Fees and Expenses. By Judge Robert E. Blackburn on 5/4/16.(kfinn)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Robert E. Blackburn
Civil Action No. 14-cv-03047-REB
CHARLES L. MADDOX, JR.,
Plaintiff,
v.
CAROLYN W. COLVIN, Acting Commissioner of Social Security,
Defendant.

ORDER GRANTING STIPULATED MOTION FOR ATTORNEY
FEES UNDER THE EQUAL ACCESS TO JUSTICE ACT
Blackburn, J.
The matter before me is the parties’ Joint Stipulation for EAJA Fees and
Expenses [#27],1 filed April 29, 2016. As indicated by the title of the document, the
parties have reached an agreement as to the amount of attorney fees to be awarded to
plaintiff under the EAJA. I therefore approve their stipulation and award attorney fees in
the amount stipulated, payable to plaintiff. See Manning v. Astrue, 510 F.3d 1246,
1249-55 (10th Cir. 2007), cert. denied, 129 S.Ct. 486 (2008).2
THEREFORE, IT IS ORDERED as follows:

1

“[#27]” is an example of the convention I use to identify the docket number assigned to a
specific paper by the court’s case management and electronic case filing system (CM/ECF). I use this
convention throughout this order.
2

In Manning, the Tenth Circuit held the plain language, structure, and history of the EAJA
preclude an award of fees to anyone other than the prevailing party. Thus, even if plaintiff has assigned
his right to EAJA fees to his attorney, I cannot direct the fee award be paid directly to anyone other than
plaintiff himself.

1. That the parties’ Joint Stipulation for EAJA Fees and Expenses [#27], filed
April 29, 2016, is granted; and
2. That pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412(d)(1)(A),
plaintiff is awarded attorney fees of $6,650.00 .
Dated May 4, 2016, at Denver, Colorado.
BY THE COURT:

2