Lane v. UNITED STATES OF AMERICA et al
ORDER denying 32 Motion for Attorney Fees. Signed by Chief Judge J. Randal Hall on 10/7/2019. (pts)
IN THE UNITED STATES DISTRICT COURT FOR THE
SOUTHERN DISTRICT OF GEORGIA
UNITED STATES OF AMERICA,
AGRICULTURE, and SONNY
PERDUE, in his Official
Capacity as Secretary of the
United States Department
Pending before the Court is Plaintiff Steve Lane's Motion for
Fees and Costs.
For the reasons set forth
Plaintiff's motion is DENIED as untimely.
Plaintiff filed his motion for attorneys' fees under the Equal
Access to Justice Act (^'EAJA") , 28 U.S.C. § 2412(d) (1) (A), on April
(Docs. 32, 37. )
Section 2412(d) (1) (B)
requires a party
judgment in the action."
"This requirement is jurisdictional in
application within this time constraint precludes a district court
from considering the merits of the fee application."
916 F.2d 659,
See Myers v.
(citations omitted) .
v. Schaefer lays out the framework for analyzing
whether an EAJA motion was timely filed.
509 U.S. 292, 302-03
(1993). First, "[a]n EAJA application may be filed until 30 days
after a judgment becomes ^not appealable' - i.e. 30 days after the
time for appeal has ended."
Id. at 302.
The time for appeal does
not end until sixty days after "entry of judgment" when a federal
officer is a party, as is the case here.
Rule of Appellate Procedure 4(a)).
Therefore, the final day to
file a fee application in this case would be 90 days after entry
A judgment is considered entered under Rule 4(a)
Procedure 58, which, in turn, "requires a district court to set
forth every judgment ^on a separate document.'"
Shalala, 509 U.S.
Here, the Court entered its Order disposing of the Parties'
cross motions for summary judgment on September 6, 2018, and the
Clerk entered a separate Clerk's Judgment reflecting the Court's
Order a day later.
The judgment became final sixty days later,
starting Section 2412(d)(1)(B)'s thirty-day countdown, which ended
in January of 2019.
Plaintiff did not file the instant motion
until April of 2019, over 200 days after the entry of judgment.
Therefore, Plaintiff's motion is untimely and must be denied.
attorney's fees (doc. 32) is hereby DENIED.
ORDER ENTERED at Augusta, Georgia this
day of October,
UNITED STATES DISTRICT JUDGE
SOUTJIERN DISTRICT OF GEORGIA
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