Podgorney

MEMORANDUM **

Victor Podgorney appeals the district court’s denial of his request for attorney’s fees under the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412 . On January 6, 2004, the district court remanded Podgorney’s case for reconsideration by the Social Security Administration. Podgorney timely filed a Rule 59(e) motion to alter or amend the judgment, specifically requesting clarification of the statutory basis for the court’s remand order so that he could determine the deadline for filing for attorney’s fees under EAJA. In a denial dated February 4, 2004, the district court explained that it had remanded under sentence four of 42 U.S.C. § 405 (g) and that it had not “enter[ed] final judgment as to either party.”

After the conclusion of the administrative proceedings on remand, Podgorney moved to file an amended complaint, but on November 19, 2004, the district court denied that motion, stating that its “January 6, 2004 remand order acted as a final judgment.” Podgorney once again filed a *829 Rule 59(e) motion, pointing out the apparent contradiction between the district court’s February and November orders. In a denial dated December 2, 2004, the district court…