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)

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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. -1- 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 -2-

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