West v. Colvin
Filing
23
ORDER granting 19 Motion for Attorney Fees. Signed by District Judge Richard Voorhees on 5/15/2017. (kby)
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.
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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.
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SO ORDERED.
Signed: May 15, 2017
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