Free Order on Motion for Attorney Fees - District Court of Colorado - Colorado

Case 1:03-cv-02530-REB-PAC

Document 34

Filed 08/13/2008

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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Robert E. Blackburn Civil Action No. 03-cv-02530-REB VANCE A. CASE Plaintiff, v. MICHAEL J. ASTRUE,1 Commissioner of Social Security, Defendant.

ORDER GRANTING PLAINTIFF'S MOTION FOR AN AWARD OF ATTORNEY FEES UNDER 42 U.S.C. § 406(B) Blackburn, J. The matter before me is plaintiff's Motion for an Award of Attorney Fees Under 42 U.S.C. § 406(b) [#31], filed January 22, 2008. The Commissioner does not oppose the motion. (See Defendant's Response to Plaintiff's Motion for Attorney Fees Under 42 U.S.C. § 406(b) [#33], filed January 28, 2008. I therefore grant the relief requested. THEREFORE, IT IS ORDERED as follows: 1. That plaintiff's Motion for an Award of Attorney Fees Under 42 U.S.C. § 406(b) [#31], filed January 22, 2008, is GRANTED; and

Michael J. Astrue was confirmed by the United States Senate to replace Jo Anne Barnhart as the Commissioner of Social Security on February 1, 2007. Thus, he is substituted as the defendant in this suit. FED.R.CIV.P. 25(d)(1). By virtue of the last sentence of 42 U.S.C. § 405(g), no further action needs to be taken to continue this lawsuit.

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Case 1:03-cv-02530-REB-PAC

Document 34

Filed 08/13/2008

Page 2 of 2

2. That plaintiff is AWARDED $6,538.60 in attorney fees pursuant to 42 U.S.C. § 406(b). Dated August 13, 2008, at Denver, Colorado. BY THE COURT: s/ Robert E. Blackburn Robert E. Blackburn United States District Judge

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