Morris v. Astrue

Filing 31

CONSENT ORDER granting 28 Motion for Attorney Fees - Signed by District Judge Louise Wood Flanagan on 05/10/2013. (Baker, C.)

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THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA EASTERN DIVISION No. 4:12-CV-207-FL DOUGLAS MORRIS, JR., ) ) Plaintiff, vs. CAROLYN W. COLVIN, Acting Commissioner of Social Security, Defendant. ) ) ORDER GRANTING ATTORNEY FEES ) PURSUANT TO THE EQUAL ACCESS TO ) JUSTICE ACT, 28 U.S.C. § 2412 ) ) ) ) This is a Social Security case in which judgment was entered on April I 0, 2013, and Order entered that the case be remanded to the Commissioner for further proceedings. Upon application of plaintiff filed April 24, 2013, the parties have stipulated to an award of attorney's fees under the Equal Access to Justice Act, 28 U.S.C. Section 4212, in the amount of $3,828.18. It is therefore, ORDERED that the fee award will first be subject to offset of any debt Plaintiff may owe to the United States. Defendant will detetmine whether Plaintiff owes a debt to the United States. If so, the debt will be satisfied first, and if any funds remain, they will be made payable to Plaintiff and mailed to Plaintiff's counsel at P.O. Box 3605, Morehead City, North Carolina 28557. Ifthe award to Plaintiff is not subject to the Treasmy Offset Program, payment will be made payable to Plaintiffs counsel, Janet M. Lyles, of Davis, Mun-elle & Lyles, P.A., and mailed to her above-noted business address, in accordance with Plaintiffs assignment to his attorney of his right to payment of attorney's fees under the Equal Access to Justice Act. I I It is so ORDERED this the I o-n-t day of_~----,r+-----' 2013. CONSENTED TO: Is/ Janet M. Lyles Davis, Mun·elle & Lyles, P.A. PO Box 3605 Morehead City, NC 28557 Telephone: 252-726-2000 Fax: 252-222-3203 E-mail: ilyles@nccoastlaw.com State bar No.: 12476 Attorney for Plaintiff Is/ Thomas M. Nanni (with permission) Special Assistant Untied States Attorney Social Security Administration Office of the General Counsel 6401 Security Boulevard Altmeyer Building, Room 647 Balitmore, MD 21235-6401 410-965-2350 Attorney for Defendant Maryland bar ' i ~ ) !

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