Elms v. Commissioner of Social Security

Filing 40

ORDER DENYING AS MOOT PLAINTIFF'S 37 Motion for Attorney Fees- Signed by Magistrate Judge R. Steven Whalen. (CCie)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

CORNELL ELMS,
Plaintiff

Civil Action No. 16-10180

v.

U.S. District Judge
HON. R. STEVEN WHALEN
U.S. Magistrate Judge

COMMISSIONER OF SOCIAL
SECURITY,
Defendant.
__________________________________/
ORDER
Before the Court is Plaintiff’s second motion for attorney fees under the Equal
Access to Justice Act (“EAJA”) [Doc. #37], filed on March 21, 2019. The motion will be
DENIED for two reasons.
First, it is untimely. Under 28 U.S.C. sec. 2412(d)(1)(B) and (d)(2)(G), an
application for fees must be submitted within 30 days of the entry of judgment. Judgment
was entered on September 18, 2017.
Secondly, the Court has, be separate Opinion and Order, already granted Plaintiff’s
first motion for EAJA fees. The present motion is therefore moot.
Accordingly, Plaintiff’s motion [Doc. #37] is DENIED.

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IT IS SO ORDERED.

s/R. Steven Whalen
R. STEVEN WHALEN
UNITED STATES MAGISTRATE JUDGE
Dated: April 9, 2019

CERTIFICATE OF SERVICE
I hereby certify on April 9, 2019 that I electronically filed the foregoing paper with
the Clerk of the Court sending notification of such filing to all counsel registered
electronically. I hereby certify that a copy of this paper was mailed to non-registered ECF
participants on April 9, 2019.
s/Carolyn M. Ciesla
Case Manager for the
Honorable R. Steven Whalen

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