Tran v. Colvin

Filing 21

ORDER DIRECTING PLAINTIFF TO PROVIDE ADDITIONAL DOCUMENTATION by Judge David W. Christel. Plaintiff is to provide additional documentation on or before June 2, 2017.(SH)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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HUNG V. TRAN,

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Plaintiff,
v.
NANCY A BERRYHILL, Acting
Commissioner of Social Security,

CASE NO. 2:16-CV-01375-DWC
ORDER DIRECTING PLAINTIFF TO
PROVIDE ADDITIONAL
DOCUMENTATION

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Defendant.
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This Court has jurisdiction pursuant to 28 U.S.C. § 636(c), Fed. R. Civ. P. 73 and Local

17 Magistrate Judge Rule MJR 13. See also Notice of Initial Assignment to a U.S. Magistrate Judge
18 and Consent Form, Dkt. 5; Consent to Proceed Before a United States Magistrate Judge, Dkt. 6.
19 This matter is before the Court on Plaintiff’s Stipulated Motion for Award of Attorney Fees
20 Pursuant to the Equal Access to Justice Act, 28 U.S.C. Section 2412(d). Dkt. 20.
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An application for attorney’s fees under the Equal Access to Justice Act (“EAJA”) must

22 include “an itemized statement from any attorney . . . stating the actual time expended and the
23 rate at which fees and other expenses were computed.” 28 U.S.C. § 2412(d)(1)(B). An
24 application must also include an affidavit reflecting Plaintiff’s net worth did not exceed
ORDER DIRECTING PLAINTIFF TO PROVIDE
ADDITIONAL DOCUMENTATION - 1

1 $2,000,000.00 at the time the civil action was filed. See 28 U.S.C. § 2412(d)(2)(B). Finally, as
2 the EAJA awards attorney’s fees to “the prevailing party,” an application for fees payable
3 directly to a plaintiff’s attorney must include an assignment of the EAJA fee award from the
4 plaintiff to his or her attorney. See 28 U.S.C. § 2412(d)(1)(A); Astrue v. Ratliff, 560 U.S. 586,
5 598 (2010).
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The Motion did not include an assignment of the EAJA fee award. See Dkt. 20. The

7 Court notes the Motion also did not include an affidavit reflecting Plaintiff’s net worth did not
8 exceed $2,000,000.00 at the time the civil action was filed; however, the Court finds this
9 requirement has been met through Plaintiff’s declaration filed in support of his application to
10 proceed in forma pauperis. See Dkt. 1. Plaintiff is directed to provide to the Court with the
11 assignment of the EAJA fee award on or before June 2, 2017.
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Dated this 12th day of May, 2017.

A

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David W. Christel
United States Magistrate Judge

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ORDER DIRECTING PLAINTIFF TO PROVIDE
ADDITIONAL DOCUMENTATION - 2