HEWETT v. ASTRUE

Filing 34

ORDER GRANTING 31 MOTION for Attorney Fees pursuant to the Equal Access to Justice Act filed by DESI LEE HEWETT. Plaintiff awarded attorney's fees under the EAJA in the amount of $3,257.29. Signed by SENIOR JUDGE MAURICE M PAUL on 8/13/2010. (jws)

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA TALLAHASSEE DIVISION DESI LEE HEWETT, Plaintiff, v. MICHAEL J ASTRUE, Defendant. _____________________________/ ORDER This matter is before the Court on Doc. 31, Motion for Attorney Fees Pursuant to the Equal Access to Justice Act, and Doc. 30, a motion for clarification of the Court's order staying the case. In its previous order, the Court directed the Plaintiff to file a motion to award fees under 406(b) within 14 days after counsel receives notice from the Defendant Commissioner as to Plaintiff's past due benefits. The parties agree to allow Plaintiff 30 days, rather than 14. That motion is granted, and Plaintiff shall have the 30 days. With regard to EAJA fees, the government does not oppose the requested fee amount. Accordingly, it is hereby ORDERED AND ADJUDGED: Plaintiff is awarded attorney's fees under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412 in the amount of $3,257.29. DONE AND ORDERED this 13th day of August, 2010 CASE NO. 4:08-cv-00554-MP-WCS

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