Russo Bailey, Plaintiff-appellant, v. the United States, Defendant-appellee, 972 F.2d 1354 (Fed. Cir. 1992)

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US Court of Appeals for the Federal Circuit - 972 F.2d 1354 (Fed. Cir. 1992) June 9, 1992

Before MAYER, Circuit Judge, COWEN, Senior Circuit Judge, and RADER, Circuit Judge.

PER CURIAM.


The January 15, 1992, order of the United States Claims Court, No. 91-31C, denying Russo Bailey's application for attorney fees pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412(d) (1988), is affirmed. Naekel v. Department of Transportation, 845 F.2d 976, 981 (Fed. Cir. 1988), held that 28 U.S.C. § 2412(d) (1) (A) does not authorize payment for attorney fees for time spent litigating pro se. Bailey's request of $150.00 is incontestably a request for attorney fees, not expenses. Accordingly, he is not entitled to compensation. We do not reach Bailey's demand for $6,987 because it was not mentioned in the Claims Court, and we will not consider it for the first time on appeal. Cheyenne River Sioux Tribe v. United States, 806 F.2d 1046, 1053 (Fed. Cir. 1986).

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