Shinholster v. Colvin

Filing 18

ORDER granting 15 Plaintiff's Unopposed Motion for Attorney Fees Under the Equal Access to Justice Act, 28 U.S.C. § 2142(s). Pursuant to 17 . By Judge Robert E. Blackburn on 12/8/2015. Text Only Entry.(mlace, )

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Robert E. Blackburn
Civil Action No. 15-cv-00926-REB
SHANTAE SHINHOLSTER,
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 Plaintiff’s Unopposed Motion for Attorney Fees
Under the Equal Access to Justice Act, 28 U.S.C. § 2142(s) [#15],1 filed December 5,
2015. As indicated by the title of the motion, the parties have reached an agreement as
to the attorney fees to be awarded to plaintiff under the EAJA. I therefore grant the
motion and award that amount of fees payable to plaintiff. See Manning v. Astrue, 510
F.3d 1246, 1249-55 (10th Cir. 2007), cert. denied, 129 S.Ct. 486 (2008).
THEREFORE, IT IS ORDERED as follows:
1. That Plaintiff’s Unopposed Motion for Attorney Fees Under the Equal
Access to Justice Act, 28 U.S.C. § 2142(s) [#15], filed December 5, 2015, is granted;
2. That the court’s prior Minute Order [#16], filed December 7, 2015, is vacated;

1

“[#15]” 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.

and
3. That pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412(d)(1)(A),
plaintiff is awarded $4,071.00 in attorney fees.2
Dated December 8, 2015, at Denver, Colorado.
BY THE COURT:

2

Plaintiff has assigned her right to EAJA fees to her attorney. The Tenth Circuit has held that the
plain language, structure, and history of the EAJA preclude an award of fees to anyone other than the
prevailing party. Manning v. Astrue, 510 F.3d 1246, 1249-55 (10th Cir. 2007), cert. denied, 129 S.Ct.
486 (2008). I thus may not direct the fee award be paid directly to plaintiff's attorney.