Shannon v. Kijakazi

UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH DAKOTA
WESTERN DIVISION
BRANDI SHANNON,
Plaintiff,
vs.
KILOLO KIJAKAZI, ACTING
COMMISSIONER OF THE SOCIAL
SECURITY ADMINISTRATION;
Defendant.
5:20-CV-05037-DW
ORDER DENYING MOTION FOR
ATTORNEY’S FEES AND GRANTING
MOTION TO WITHDRAW MOTION
FOR ATTORNEY’S FEES
Plaintiff filed a motion for attorney’s fees under the equal access to
justice act (EAJA). (Doc. 38). Defendant objected to Plaintiff’s motion arguing
that Plaintiff is not a prevailing party for purposes of the EAJA because the
court remanded the case pursuant to sentence six for further administrative
proceedings and as such, there has been no final judgment entered by the
court. (Doc. 41). Plaintiff agreed with Defendant’s objection and filed a motion
to withdraw their motion for attorney’s fees, reserving the right to renew the
motion upon completion of the post remand proceedings. (Doc. 42).
Accordingly, it is hereby
ORDERED that Plaintiff’s motion for attorney’s fees (Doc. 38) is denied as
moot, without prejudice to refiling upon completion of post remand
proceedings, and it is further
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ORDERED that Plaintiff’s motion to withdraw their motion for attorney’s
fees (Doc. 42) granted.
DATED this 20th day of January, 2022.
BY THE COURT:
DANETA WOLLMANN
United States Magistrate Judge
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