(SS) Watson v. Commissioner of Social Security

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 PHILLIP JOHN WATSON, Case No. 1:18-cv-00865-JDP Plaintiff, ORDER TO SHOW CAUSE WHY

PLAINTIFF’S MOTION FOR FEES

v.

SHOULD NOT BE DENIED AS UNTIMELY

COMMISSIONER OF SOCIAL

SECURITY,

ECF No. 32 Defendant.

THIRTY-DAY DEADLINE

17 On December 23, 2019, plaintiff Phillip John Watson moved for attorney’s fees and expenses under the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412(d), and for costs under 28 U.S.C. § 1920. ECF No. 32. The Commissioner has not filed an opposition to the motion. However, plaintiff’s motion appears untimely because it was filed more than thirty days after the entry of judgment on September 24, 2019. ECF No. 31; see also 28 U.S.C. § 2412(d)(1)(B). The deadline under § 2412(d)(1)(B) may be subject to tolling under appropriate circumstances. See Scarborough v. Principi, 541 U.S. 401, 420-21 (2004). Thus, the court orders plaintiff to show cause why his motion for fees should not be…