(SS) Watson v. Commissioner of Social Security ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 PHILLIP JOHN WATSON, Case No. 1:18-cv-00865-JDP 12 Plaintiff, ORDER TO SHOW CAUSE WHY PLAINTIFF’S MOTION FOR FEES 13 v. SHOULD NOT BE DENIED AS UNTIMELY 14 COMMISSIONER OF SOCIAL SECURITY, 15 ECF No. 32 Defendant. 16 THIRTY-DAY DEADLINE 17 18 On December 23, 2019, plaintiff Phillip John Watson moved for attorney’s fees and 19 expenses under the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412(d), and for costs 20 under 28 U.S.C. § 1920. ECF No. 32. The Commissioner has not filed an opposition to the 21 motion. However, plaintiff’s motion appears untimely because it was filed more than thirty days 22 after the entry of judgment on September 24, 2019. ECF No. 31; see also 28 U.S.C. 23 § 2412(d)(1)(B). The deadline under § 2412(d)(1)(B) may be subject to tolling under appropriate 24 circumstances. See Scarborough v. Principi, 541 U.S. 401, 420-21 (2004). Thus, the court orders 25 plaintiff to show cause why his motion for fees should not be denied as untimely. 26 27 28 1 5 | □□ ISSO ORDERED. ° p : —N prssann — Dated: __April 1, 2020 4 UNIT2D STATES MAGISTRATE JUDGE 5 6 | No. 204. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28