KENNETH PASKAR V. FAA, No. 13-71514 (9th Cir. 2013)

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FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS AUG 22 2013 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT KENNETH D. PASKAR; FRIENDS OF LAGUARDIA AIRPORT, INC., No. 13-71514 FAA-1 No. 13-1070 Petitioners, MEMORANDUM* v. 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.

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