West v. Colvin

Filing 23

ORDER granting 19 Motion for Attorney Fees. Signed by District Judge Richard Voorhees on 5/15/2017. (kby)

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA ASHEVILLE DIVISION CASE NO. 1:15-CV-00258-RLV ANTHONY NATHANIEL WEST, Plaintiff, v. NANCY A. BERRYHILL, Acting Commissioner of Social Security, Defendant. ) ) ) ) ) ) ) ) ) ) ) ORDER BEFORE THE COURT is Plaintiff’s Motion for Attorney Fees under the Equal Access to Justice Act 28 U.S.C. § 2412 (the “Motion”) (Doc. 19) to which the Commissioner has responded, (Doc. 22). The Commissioner does not oppose Plaintiff’s Motion. Id. For the reasons stated therein, the motion is GRANTED. In the present motion, the Plaintiff requests attorney’s fees in the amount of $5,310.80, representing 28.40 hours of attorney work. (Doc. 20) at 3–4. The Court has reviewed the Plaintiff’s request and finds that the Plaintiff’s requested fee and the hours spent prosecuting this matter are reasonable. See, e.g., Rogers v. Astrue, No. 5:12-CV-00003-RLV-DCK, 2015 WL 9239000, at *3 (W.D.N.C. Dec. 17, 2015) (Voorhees, J.). Pursuant to the power of this Court to award fees to a prevailing party other than the United States incurred by that party in a civil action against the United States, including proceedings for judicial review of agency action, under the Equal Access to Justice Act, 28 U.S.C. § 2412(d)(1)(A), IT IS ORDERED that Plaintiff’s Motion is GRANTED and the Court will award attorney’s fees in the amount of $5,310.80. Such sums shall be paid to the order of Plaintiff, and sent to Plaintiff’s counsel. 1 SO ORDERED. Signed: May 15, 2017 2

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