Carr v. Social Security Administration

Filing 36

OPINION AND ORDER by Magistrate Judge Frank H McCarthy ; denying 22 Motion for Attorney Fees (sdc, Dpty Clk)

IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF OKLAHOMA
WILLIE EARL CARR,
Plaintiff,
vs.

Case No. 18-CV-272-FHM

ANDREW SAUL,
Commissioner of Social Security
Administration,
Defendant.
OPINION AND ORDER
Plaintiff’s Motion for Attorney Fees Under the Equal Access to Justice Act, [Dkt. 22],
is before the court for decision.
The Tenth Circuit reversed the decision of this court and affirmed the administrative
decision denying benefits. [Dkt. 33, 35] Accordingly, Plaintiff is not the prevailing party in
this case and is not entitled to an award of attorney fees under the Equal Access to Justice
Act (EAJA), 28 USC § 2412(d). Therefore, Plaintiff’s Motion for Attorney Fees Under the
Equal Access to Justice Act, [Dkt. 22], is DENIED.
SO ORDERED this 12th day of August, 2020.