SHELDON v. ASTRUE

Filing 42

ORDER GRANTING 39 MOTION for Attorney Fees pursuant to the EAJA filed by GREGORY P SHELDON. Defendant directed to pay $2,871.34 in EAJA fess to Plaintiff by 9/10/2010, offset by any debt Plaintiff owes to the United States. Signed by SENIOR JUDGE MAURICE M PAUL on 8/10/2010. (jws)

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA GAINESVILLE DIVISION GREGORY P SHELDON, Plaintiff, v. MICHAEL J ASTRUE, Defendant. _____________________________/ ORDER This matter is before the Court on Motion for Attorney Fees Pursuant to the Equal Access to Justice Act ("EAJA") by Gregory P Sheldon, Doc. 39. Mr. Sheldon includes with his application for $2,871.34 in attorney's fees under the EAJA all necessary affidavits and arithmetic to show why he is entitled to the requested relief. Defendant has responded, Doc. 40, and does not object, rather noting that the fee is payable to Plaintiff as the litigant, subject to offset to satisfy any pre-existing debt the Plaintiff owes to the United States. See Reeves v. Astrue, 526 F.3d 732 (11th Cir. 2008) (the EAJA "unambiguously directs the award of attorney's fees to the party who incurred those fees and not to the party's attorney"). Accordingly, it is ORDERED AND ADJUDGED: 1. 2. Motion for Attorney Fees Pursuant to the EAJA, Doc. 39, is GRANTED. Defendant is directed to pay $2,871.34 in EAJA fees to Plaintiff by September 10, 2010, offset by any debt Plaintiff owes to the United States. 10th day of August, 2010 CASE NO. 1:08-cv-00247-MP-MD

DONE AND ORDERED this

s/Maurice M. Paul
Maurice M. Paul, Senior District Judge