U.S. Court of Appeals for the Ninth Circuit, 2013

Paskar v. Federal Aviation Administration

U.S. Court of Appeals for the Ninth Circuit · Decided August 22, 2013 · Kozinski, Gould, Smith

539 F. App'x 750

Counsel

Steven Michael Taber, Senior, Taber Law Group, Irvine, CA, for Petitioner., Christine Noel Kohl, Esquire, Michael Jay Singer, Abby Christine Wright, DOJ-U.S. Department of Justice, Washington, DC, Kenneth Mead, General Counsel, Aircraft Owners And Pilots Association, Kathleen Ann Yodice, Esquire, Law Offices of Yodice Associates, Frederick, MD, for Respondent.

Cases that cite this one

1 later published case cites this decision.

Horne v. Social Security Administration, Commissioner of (PLR2) (District Court, E.D. Tennessee 2020)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

MEMORANDUM **

Petitioner Kenneth Paskar seeks to recover $19,450 in fees accrued in connection with his Petition for Review under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412. Because Paskar’s chal *751 lenge to the FAA’s planned closure of various air traffic control towers was dismissed without a judgment on the merits or court-ordered consent decree, Paskar does not qualify as a “prevailing party” within the meaning of the EAJA. See Perez-Arellano v. Smith, 279 F.3d 791, 794 (9th Cir. 2002); see also Buckhannon Board & Care Home, Inc. v. W. Va. Dep’t of Health & Human Res., 532 U.S. 598, 610, 121 S.Ct. 1835, 149 L.Ed.2d 855 (2001). Accordingly, his application for fees is

DENIED.

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

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