Garris v. Colvin

Filing 41

ORDER granting 39 Motion for Attorney Fees. Signed by Magistrate Judge Clifford J. Proud on 12/1/2014. (jmt)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
CLARENCE L. GARRIS,

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Plaintiff,
vs.
CAROLYN W. COLVIN,
Defendant.

Civil No.

13-cv-847-CJP

ORDER for ATTORNEY’S FEES
PROUD, Magistrate Judge:
Before the Court is defendant’s Agreed Motion to Award of Attorney Fees.
(Doc. 39).
The parties have agreed that plaintiff is entitled to an award of fees, costs and
expenses in the amount of $9,504.00 (nine thousand, five hundred and four
dollars), pursuant to the Equal Access to Justice Act, 28 U.S.C. §2412(d)(1)(B).
The Court finds that plaintiff is the prevailing party and is entitled to an
award of attorney’s fees and costs pursuant to the Equal Access to Justice Act, 28
U.S.C. §2412(d)(1)(B). The Court further finds that the agreed upon amount is
reasonable and appropriate.
Defendant’s Agreed Motion (Doc. 39) is GRANTED.

The Court awards

plaintiff Clarence L. Garris the sum of $9,504.00 for attorney’s fees, costs and
expenses pursuant to the Equal Access to Justice Act.

These funds shall be

payable to plaintiff, per Astrue v. Ratliff, 130 S.Ct. 2521 (2010). However, in
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accordance with the parties’ agreement, any part of the award that is not subject to
set-off to pay plaintiff’s pre-existing debt to the United States shall be made payable
to plaintiff’s attorney pursuant to the EAJA assignment previously executed by
plaintiff and his attorney.
IT IS SO ORDERED.
DATE:

December 1, 2014.

s/ Clifford J. Proud
CLIFFORD J. PROUD
UNITED STATES MAGISTRATE JUDGE

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