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Genesis C. Santiago v. Michael J. Astrue

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


February 15, 2011

GENESIS C. SANTIAGO, PLAINTIFF,
v.
MICHAEL J. ASTRUE, COMMISSIONER OF SOCIAL SECURITY, DEFENDANT.

ORDER

On December 1, 2010, plaintiff filed a motion for attorneys' fees under the Equal Access to Justice Act ("EAJA"), 28 U.S.C. § 2412(d)(1). Dckt. No. 25. Thereafter, defendant filed a statement of non-opposition to the motion. Dckt. No. 26. However, defendant noted a discrepancy in the amounts plaintiff requested. Id. Specifically, defendant noted that plaintiff's motion sought $4,992.06 in fees, while the supporting memorandum identified the amount requested as $4,757.05. Id. Accordingly, defendant argued that "this Court should award the lower, and more often identified, amount [of $4,757.05]." Id. at 2.

On February 1, 2011, plaintiff filed a corrected motion for attorneys' fees, clarifying that the amount of fees sought is $4757.05. Dckt. No. 27. In light of defendant's non-opposition to the motion, the motion will be granted. ////

Accordingly, IT IS HEREBY ORDERED that:

1. Plaintiff's motion for attorney's fees, Dckt. No. 27, is granted;

2. Plaintiff is awarded attorney's fees under the EAJA in the amount of $4757.05; and

3. Pursuant to Astrue v. Ratliff, 130 S.Ct. 2521, 2010 WL 2346547 (2010), any payment shall be made payable to plaintiff and delivered to plaintiff's counsel, unless plaintiff does not owe a federal debt. If the United States Department of the Treasury determines that plaintiff does not owe a federal debt, the government shall accept plaintiff's assignment of EAJA Fees and pay fees directly to plaintiff's counsel.

20110215

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