Opinion
Civil Action 3:21-cv-03345-JMC
12-17-2021
EVAN C. BRAMHALL, Plaintiff, v. KILOLO KIJAKAZI, Acting Commissioner of Social Security Administration, Defendant.
ORDER
G. MICHALLE GHILDE UNITED STATES DISTRICT JUDGE
Plaintiff Evan C. Bramhall filed this action “seeking Mandamus Relief pursuant to 28 U.S.C. § 1361 to compel the Acting Commissioner to pay attorney's fees to the Plaintiff s Counsel which were approved by Administrative Law Judge Arthur Conover in the amount of eight thousand five hundred dollars ($8,500.00).” (ECF No. 1 at 1.)
This matter is before the court pursuant to Plaintiffs Motion to Dismiss because “Plaintiff has received eight thousand five hundred dollars ($8,500.00) from the Social Security Administration.” (ECF No. 8 at 1.) Plaintiff also seeks to protect “the right to file for attorney fees and costs pursuant to the provisions of the Equal Access to Justice Act [“EAJA”], 28 U.S.C. §[]2412, and § 504 et. seq.” (ECF No. 8 at 1.) Defendant consents to Plaintiffs requests. (Id; see also ECF No. 10.) Therefore, after consideration of Plaintiffs Motion and Defendant's consent, the court GRANTS Plaintiffs Motion to Dismiss (ECF No. 8) and DISMISSES the Complaint. Plaintiff, through his attorney, is granted until January 17, 2022, to file a motion for attorney's fees under the EAJA.
IT IS SO ORDERED.