DocketNumber： 13-71514
Citation Numbers： 539 F. App'x 750
Judges： Kozinski, Gould, Smith
Filed Date： 8/22/2013
Status： Non-Precedential
Modified Date： 11/6/2024
FILED NOT FOR PUBLICATION AUG 22 2013 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT KENNETH D. PASKAR; FRIENDS OF No. 13-71514 LAGUARDIA AIRPORT, INC., FAA-1 No. 13-1070 Petitioners, v. MEMORANDUM* FEDERAL AVIATION ADMINISTRATION; MICHAEL P. HUERTA; RAY LAHOOD, Secretary, United States Department of Transportation, Respondents. On Petition for Review of an Order of the Federal Aviation Administration Submitted June 5, 2013** Pasadena, California Before: KOZINSKI, Chief Judge, GOULD and N.R. SMITH, Circuit Judges. * This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). page 2 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 challenge 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 (2001). Accordingly, his application for fees is DENIED.