Legal Opinion
Marrero Diaz v. Secretary of Health & Human Services
District Court, D. Puerto Rico
Decided November 6, 1992No. Civ. No. 90-2133 GGPublishedCited by 1 opinion
1Opinion of the Court
ORDER
GIERBOLINI, Chief Judge.
Plaintiff filed a motion for issuance of judgment so that he could apply for attorneys fees under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412, as a prevailing party. We referred this motion to the magistrate for a report and recommendation.
The magistrate filed a report and recommendation on August 4, 1992 in which he concluded that a final judgment should not be entered until such time as a favorable administrative decision is issued on remand, and the time for the Appeals Council to review and affirm such decision elapsed. The magistrate stated that…
2Cases cited11 opinions
- Melkonyan v. SullivanSupreme Court of the United States · 1991
- Sullivan v. HudsonSupreme Court of the United States · 1989
- Sullivan v. FinkelsteinSupreme Court of the United States · 1990
- Paul W. Guthrie v. Richard S. Schweiker, Secretary of Health and Human ServicesCourt of Appeals for the Fourth Circuit · 1983
- Welter v. SullivanCourt of Appeals for the Eighth Circuit · 1991
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3Cited by1 opinion
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