Galloway v. Colvin

Filing 16

ORDER granting 13 Motion for Attorney Fees. Signed by District Judge Robert J. Conrad, Jr on 3/14/14. (ejb)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
1:13-cv-149-RJC
RANDALL GALLOWAY,

)
)
Plaintiff,
)
)
v.
)
)
CAROLYN W. COLVIN,
)
Acting Commissioner of
)
Social Security Administration,
)
)
Defendant.
)
__________________________________________ )

ORDER

THIS MATTER comes before the Court on Plaintiff’s Motion for Attorney’s Fees,
(Doc. 13), and Defendant’s Response (Doc. 15). In the motion, Plaintiff contends that he is
entitled to attorney’s fees under 28 U.S.C. § 2412(d), which provides for an award of attorney’s
fees in certain cases where a party prevails against the United States in a federal proceeding. The
Defendant submitted a response in which it stated that it did not oppose the award of attorney’s
fees in this case.
The Court has reviewed the briefs of the parties and finds that the Plaintiff has
established that he is entitled to attorney’s fees under 28 U.S.C. § 2412(d). For the reasons
outlined in the parties’ briefs, the Court GRANTS Plaintiff’s Motion for Attorney’s Fees (Doc.
13).
IT IS, THEREFORE, ORDERED that Plaintiff’s Motion for Attorney’s Fees, (Doc.
No. 13), is GRANTED. Plaintiff shall be awarded the amount of three thousand, eighty-one
dollars and thirty-six cents ($3,081.36). However, such award is subject to offset through the
Treasury Department’s Offset Program to satisfy any pre-existing debt Plaintiff may owe to the

government.

Signed: March 14, 2014

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