Carlile v. Colvin

Filing 24

MEMORANDUM DECISION & ORDER granting 22 Motion for Attorney Fees. Signed by Magistrate Judge Dustin B. Pead on 6/22/2015. (jwt)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF UTAH CENTRAL DIVISION JARED CARLILE, Plaintiff, v. MEMORANDUM DECISION & ORDER Case No. 2:14-cv-00669 CAROLYN W. COLVIN, Commissioner of the Social Security Administration, Magistrate Judge Dustin Pead Defendant. On June 8, 2015, Plaintiff Jared Carlile (“Plaintiff”) filed his “Application For Fees and Costs” pursuant to Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412(a)(1) and (d)(1)(A) (doc. 29). In his application, Plaintiff requests an award in the amount of $2,283.05 and provides an itemized statement in support thereof.1 Id. On June 19, 2015, Defendant Carolyn Colvin as the Acting Commissioner of Social Security (the“Commissioner”), filed a non-opposition to Plaintiff’s application (doc. 23). Based thereon, Plaintiff’s application is hereby GRANTED. Accordingly, within thirty (30) days of the date of this Order, the Commissioner shall pay Plaintiff an attorney fee and cost award of $2, 283.05. Such award shall be payable directly to Plaintiff, not his counsel. See Astrue v Ratliff, 560 U.S. 586, 595-98 (2010); Manning v. Astrue, 510 F.3d 1246, 1255 (10th Cir. 1 This amount requested reflects an attorney fee award in the amount of $1,883.05 and an award of $400.00 for the federal court filing fee (doc. 22). Plaintiff’s fee amount is based on an attorney fee rate of $188.50 per hour and a paralegal and law clerk fee rate of $95.00 per hour. Id. See 28 U.S.C.§ 2412; 28 U.S.C. § 1920. 2007), cert. denied, 129 S. Ct. 486 (2008). IT IS SO ORDERED. DATED this 22nd day of June, 2015. BY THE COURT: ____________________________________ Dustin Pead U.S. Federal Magistrate Judge 2 3

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