Smith v. Colvin

Filing 16

ORDER re: letter dated April 6, 2018 from Plaintiffs counsel, indicating that the parties submitted a stipulation for an award of attorney fees under the Equal Access to Justice Act on February 15, 2017. (Doc. No. 15). Signed by Chief Judge Frank D. Whitney on 4/9/18. (clc)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
DOCKET NO. 3:16-cv-00141-FDW
TAHEERAH S. SMITH,
Plaintiff,
vs.
NANCY A. BERRYHILL,
Acting Commissioner of Social Security,
Defendant.

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ORDER

THIS MATTER is before the Court sua sponte. The Court received a letter dated April 6,
2018 from Plaintiff’s counsel, indicating that the parties submitted a stipulation for an award of
attorney fees under the Equal Access to Justice Act on February 15, 2017. (Doc. No. 15).
However, on February 15, 2017, the filed stipulation and order was deleted from the docket.
Consistent with this Court’s standing orders and practice, the parties were directed on February
15, 2017 to submit the proposed stipulated order through Cyberclerk for the Court’s consideration.
As Plaintiff failed to do as instructed and never moved for an award of fees and expenses, with
substantiating information, as required by 28 U.S.C. § 2412(d)(1)(B), there is nothing before the
Court in this case requiring resolution.
IT IS SO ORDERED.
Signed: April 9, 2018