Sedlak v. Astrue

Full title: BRIAN J. SEDLAK, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner of Social…

Court: United States District Court, D. Colorado

Date published: Dec 17, 2008

Civil Action No. 07-cv-00250-REB (D. Colo. Dec. 17, 2008)

Opinion

Civil Action No. 07-cv-00250-REB.

December 17, 2008

ORDER GRANTING PLAINTIFF'S MOTION FOR AMENDED JUDGMENT OR SUPPLEMENTAL ORDER

ROBERT BLACKBURN, District Judge

The matter before me is Plaintiff's Motion for Amended Judgment or Supplemental Order [#41], filed July 30, 2008. As the prevailing party, plaintiff seeks an award of costs against the Commissioner in this social security appeal. Pursuant to Rule 54(d)(1), "costs against the United States, its officers, and agencies shall be imposed only to the extent permitted by law." FED.R.CIV.P. 54(d)(1). The Equal Access to Justice Act ("EAJA") provides that,

[e]xcept as otherwise specifically provided by statute, a judgment for costs, as enumerated in section 1920 of this title, but not including the fees and expenses of attorneys, may be awarded to the prevailing party in any civil action brought by or against the United States or any agency or any official of the United States acting in his or her official capacity in any court having jurisdiction of such action.

28 U.S.C. § 2412(a)(1). The EAJA applies to social security actions, Blanchette v. Heckler , 586 F.Supp. 903, 906 (D. Colo. 1984), and more specifically, allows the award of costs against the United States to a prevailing plaintiff, see Maida v. Callahan, 148 F.3d 190, 192 (2^nd Cir. 1998). No other statute appears to bar the award of such fees under the circumstances of this case. Cf. Chambers v. Barnhart , 355 F.3d 1261, 1262 (10^th Cir. 2004) (holding that plaintiff who proceeds before the district court in forma pauperis is barred from recovering costs under the EAJA pursuant to 28 U.S.C. § 1915(f)(1)); Maida , 148 F.3d at 192 (same).

THEREFORE, IT IS ORDERED as follows:

1. That Plaintiff's Motion for Amended Judgment or Supplemental Order [#41] filed July 30, 2008, is GRANTED; and

2. That the Judgment [#36] entered March 24, 2008, is AMENDED to add the following language following paragraph 2:

"That plaintiff is AWARDED his costs, to be taxed by the Clerk of the Court pursuant to Fed.R.Civ.P. 54(d)(1) and D.C.COLO.LCivR 54.1 and 28 U.S.C. § 2412(a)(1)."