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Underwood v. Astrue

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


June 2, 2010

MARIA E. UNDERWOOD, PLAINTIFF,
v.
MICHAEL J. ASTRUE, COMMISSIONER OF SOCIAL SECURITY, DEFENDANT.

The opinion of the court was delivered by: Sandra M. Snyder United States Magistrate Judge

ORDER DENYING MOTION FOR ATTORNEYS' FEES AS UNTIMELY

(Docs. 23 & 28)

Plaintiff Maria Underwood appealed the Commissioner's denial of Social Security disability benefits. On June 16, 2009, this Court signed the parties' Stipulation and Order for Remand (Doc. 19), and the Clerk of Court entered final judgment (Doc. 20). On September 14, 2009, Plaintiff moved for attorneys' fees under the Equal Access to Justice Act (28 U.S.C. § 2412 (d)) (Doc. 23). Because Plaintiff failed to submit her claim for attorneys' fees within thirty days of final judgment as required by 28 U.S.C. § 2412 (d)(1)(B), her claim was untimely.

Accordingly, this Court hereby DENIES Plaintiff's motion for attorneys' fees.

IT IS SO ORDERED.

20100602

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