Karapet Gasparyan v. Michael Astrue

U.S. Court of Appeals for the Ninth Circuit May 18, 2012

Karapet Gasparyan v. Michael Astrue, 473 F. App'x 588 (9th Cir. 2012)

Opinion

MEMORANDUM **

Petitioner Karapet Gasparyan appeals the district court’s denial of his motion for attorney’s fees under the Equal Access to *589 Justice Act (“EAJA”), 28 U.S.C. § 2412(d)(1)(A). We affirm.

Despite the district court’s many invitations, Gasparyan failed to provide any meaningful rebuttal to the government’s showing that its position was substantially justified. The district court’s denial of attorney’s fees thus was not an abuse of discretion. See Gutierrez v. Barnhart, 274 F.3d 1255, 1258 (9th Cir. 2001) (explaining that the decision whether to award fees under the EAJA, including the district court’s conclusion that the government’s position was substantially justified, is reviewed for abuse of discretion).

AFFIRMED.

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

Reference

Full Case Name: Karapet GASPARYAN, Plaintiff-Appellant, v. Michael J. ASTRUE, Commissioner of Social Security Administration, Defendant-Appellee
Status: Unpublished