Carlos v. Saul

Filing 24

ORDER granting 23 Consent Motion for Attorney Fees under the Equal Access to Justice Act. Signed by Magistrate Judge David Keesler on 11/19/21. (mga)

Download PDF
IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA CHARLOTTE DIVISION CASE NO. 3:20-CV-598-DCK AFRICENTRA CARLOS, ) ) Plaintiff, ) ) v. ) ) KILOLO KIJAKAZI, Acting Commissioner of ) Social Security Administration, ) ) Defendant. ) ) ORDER THIS MATTER IS BEFORE THE COURT on “Plaintiff’s Petition For Attorney Fees Under The Equal Access To Justice Act 28 U.S.C. § 2412” (Document No. 23) filed November 18, 2021. The parties have consented to Magistrate Judge jurisdiction pursuant to 28 U.S.C. § 636(c), and immediate review is appropriate. Having carefully considered the motion and the record, the undersigned will grant the motion. By the instant motion, Plaintiff Africentra Carlos seeks an award of attorney fees under the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412, in the amount of $3,500.00. Defendant consents to Plaintiff’s request. IT IS, THEREFORE, ORDERED that “Plaintiff’s Petition For Attorney Fees Under The Equal Access To Justice Act 28 U.S.C. § 2412” (Document No. 23) is GRANTED. IT IS FURTHER ORDERED that the Acting Commissioner of Social Security SHALL pay to Plaintiff the sum of $3,500.00 in attorney fees, in full satisfaction of any and all claims arising under EAJA, 28 U.S.C. § 2412(d), and upon the payment of such sum this case is dismissed with prejudice. If the award to Plaintiff is not subject to the Treasury Offset Program, payment will be made by check payable to Plaintiff’s counsel, Derrick Arrowood, and mailed to his office at P.O. Box 58129, Raleigh, North Carolina 27658, in accordance with Plaintiff’s assignment to her attorney of her right to payment of attorney’s fees under the EAJA. If the payment is subject to offset, then any remaining fee will be made payable to Plaintiff and mailed to Plaintiff’s counsel’s office address. SO ORDERED. Signed: November 19, 2021 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?