Fugate v. Commissioner of Social Security

Filing 16

ORDER DENYING PLAINTIFF'S MOTION FOR AN EXTENSION OF TIME (DOC. 15 ). Signed by Magistrate Judge Michael J Newman on 5/24/13. (kje1)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON
MICHAEL J. FUGATE,

:

Case No. 3:11-cv-390

:

District Judge Walter H. Rice
Magistrate Judge Michael J. Newman

Plaintiff,
vs.
COMMISSIONER OF
SOCIAL SECURITY,

:

Defendant.
:
___________________________________________________________________________
ORDER DENYING PLAINTIFF’S MOTION
FOR AN EXTENSION OF TIME (DOC. 15)
____________________________________________________________________________
This Social Security disability case is before the Court upon a request by Plaintiff’s
counsel for an extension of time to file a motion for attorney’s fees. Doc. 15. Although not
specified in the motion, the Court presumes counsel seeks an extension to file a motion for an
award of attorney’s fees and costs under the Equal Access to Justice Act (“EAJA”), 28 U.S.C. §
2412(d). An EAJA fees motion must be filed within thirty days of “final judgment.” See 28
U.S.C. § 2412(d)(1)(B). “Final judgment” occurs at the end of the sixty-day period to file an
appeal under Fed. R. App. P. 4(a)(1)(B). See Peters v. Sec’y of Health and Human Servs., 934
F.2d 693, 694 (6th Cir. 1991). Plaintiff’s judgment became final on May 20, 2013 -- when the
time to appeal this Court’s March 20, 2013 judgment expired.1 Accordingly, Plaintiff’s counsel
has until June 19, 2013 to file an EAJA fees/costs award motion.
Counsel is advised that the Court lacks jurisdiction to extend the time period to file an
EAJA fees petition. See Allen v. Sec’y of Health & Human Servs., 781 F.2d 92, 94-95 (6th Cir.
1

The 60-day deadline to file an appeal fell on Sunday, May 19, 2013, which is extended, under the
Federal Rules of Civil Procedure, until Monday, May 20, 2012. See Fed. R. Civ. P. 6(a)(1)(C).

1986). Accordingly, the motion is DENIED. In the interest of justice, the Court will allow
counsel to file a concise request on or before the June 19th deadline which, for good cause
shown, she can subsequently move to supplement.
May 24, 2013

s/ Michael J. Newman
United States Magistrate Judge

2