Espinoza v. Colvin

Filing 19

ORDER Granting 18 Motion for Attorney Fees. Signed by Judge Robert E. Blackburn on 4/15/2016.(cmira)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Robert E. Blackburn
Civil Action No. 15-cv-01369-REB
ABEL WAYNE ESPINOZA,
Plaintiff,
v.
CAROLYN W. COLVIN, Acting Commissioner of Social Security,
Defendant.

ORDER GRANTING UNOPPOSED MOTION FOR ATTORNEY
FEES UNDER THE EQUAL ACCESS TO JUSTICE ACT
Blackburn, J.
The matter before me is the parties’ Stipulation for Award of Attorney Fees
Under the Equal Access to Justice Act [#18],1 filed April 15, 2016. As indicated by
the title of the document, the parties have reached agreement as to the amount of
attorney fees to be awarded to plaintiff under the Equal Access To Justice Act. After
due consideration of the proposed stipulation, I approve it 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

1

“[#18]” 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.

THEREFORE, IT IS ORDERED as follows:
1. That the Stipulation for Award of Attorney Fees Under the Equal Access
to Justice Act [#18], filed April 15, 2016, is approved; and
2. That pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412(d)(1)(A),
plaintiff is awarded attorney fees and expenses totaling $2,777.77.
Dated April 15, 2016, at Denver, Colorado.
BY THE COURT: