Opinion
CIVIL ACTION NO. 2:15cv176-CSC
11-29-2016
STERLING FLETCHER, Plaintiff, v. CAROLYN W. COLVIN, Acting Commissioner of Social Security, Defendant.
MEMORANDUM OPINION and ORDER
Now pending before the court is the plaintiff's motion for attorney fees pursuant to the Equal Justice Act, 28 U.S.C. § 2412(d), filed on November 15, 2016. (Doc. # 17). The defendant does not object to an award of fees. See Doc. # 19.
On June 14, 2010, the United States Supreme Court decided Astrue v. Ratliff, 560 U.S. 586 (2010) in which the Court unambiguously held that attorney's fees are awarded to the prevailing litigant, not to prevailing litigant's attorney. See also Reeves v. Astrue, 526 F.3d 732, 738 (11th Cir. 2008) ("attorney's fees are awarded to the prevailing party, not to the prevailing party's attorney."). Accordingly, upon consideration of the motion, and for good cause, it is
ORDERED as follows:
1. That the motion for attorney's fees (doc. # 17) be and is hereby GRANTED and the plaintiff be and is hereby AWARDED fees in the amount of $4,221.75.
2. To the extent that plaintiff's counsel requests that fees should be awarded to directly to counsel, 28 U.S.C. § 2412(d)(1)(A) authorizes the court to award fees to the prevailing party. See 28 U.S.C. § (d)(2)(B). See also Reeves, supra. The motion that fees be paid directly to counsel be and is hereby DENIED.
Done this 29th day of November, 2016.
/s/Charles S. Coody
CHARLES S. COODY
UNITED STATES MAGISTRATE JUDGE