UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF GEORGIA SAVANNAH DIVISION

SHARON BOLT, ) ) Plaintiff, ) ) v. ) CV422-020 ) KILOLO KIJAKAZI, ) ) Defendant. )

ORDER Before the Court is Plaintiff’s motion for attorney’s fees pursuant to the Equal Access to Justice Act (“EAJA”). Doc. 23. The Commissioner does not oppose the request. Doc. 24. However, because Plaintiff filed her motion outside of the time allowed under the EAJA, it must be DENIED. Doc. 23. On March 6, 2023, the Court reversed and remanded plaintiff’s social security appeal to the agency for further consideration, and judgment was entered in plaintiff’s favor. Doc. 21 (Order); doc. 22 (Judgment). On June 6, 2023, Plaintiff filed the instant motion requesting attorney’s fees under the EAJA. See doc. 23. Unfortunately, it was filed a day too late. “Under the EAJA, a party that prevails against the United States in court may be awarded fees . . . if the government's position in the

litigation was not ‘substantially justified.’” Jackson v. Comm'r of Soc. Sec.,

(11th Cir. 2010) (citing

(d)(1)(A)). Before a district court can award EAJA attorney’s fees, “the claimant must file an application for fees ‘within thirty days of final judgment in the action.’ ” Meyers v. Sullivan,

, 666 (11th

Cir. 1990) (quoting

(d)(1)(B)). “Final judgment” is defined by the statute as “a judgment that is final and not appealable.”

(d)(2)(G). The Supreme Court explained in Shalala v.

Schaefer,

(1993), that “EAJA’s 30-day time limit runs from the end of the period for appeal.” The Federal Rules of Appellate Procedure establish that the time for appeal in a civil case to which a

federal officer is a party does not end until 60 days after entry of judgment. See Fed. R. App. P. 4(a)(1)(B); see also Schaefer,

. “Therefore, the final day to file a fee application in this case would

be 90 days after entry of judgment.” Lane v. United States,

, at *1 (S.D. Ga. Oct. 7, 2019). The Court entered its judgment on March 6, 2023. See doc. 22. Therefore, the time for appeal expired sixty days later, on May 5, 2023. Fed. R. App. P. 4(a)(1)(B). The thirty-day EAJA clock ran out on Sunday, June 4, 2023, so by operation of Federal Rule of Civil Procedure 6(a)(1)(C), the deadline for filing the motion was the next day, Monday, June 5, 2023. Plaintiff filed her motion on Tuesday, June 6, 2023, 92 days after entry of judgment. See doc. 23. It was, therefore, untimely. Given the Defendant’s non-opposition to the motion, the Court has considered whether it might overlook the one-day delay. Unfortunately for Plaintiff, the Eleventh Circuit “has held that this timely filing requirement is jurisdictional in nature; that is, a claimant’s failure to file

an EAJA application within thirty days of a final judgment no longer appealable precludes the district court from considering the merits of the fee application.” Newsome v. Shalala, 8 F.8d 775, 777 (11th Cir. 1993) (citing Meyers, 916 F.2d at 666). Therefore, the Plaintiff's Motion for Attorney’s Fees is DENIED, as untimely. Doc. 23. SO ORDERED, this 21st day of June, 2028. Antgto~d. lies CHRISTOPHER L. RAY UNITED STATES MAGISTRATE JUDGE SOUTHERN DISTRICT OF GEORGIA