ALLEN v. SECRETARY OF HEALTH AND HUMAN SERVICES

No. 85-5576.

781 F.2d 92 (1986)

William ALLEN, Plaintiff-Appellant, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided January 16, 1986.


Attorney(s) appearing for the Case

Eugene Gaerig, argued, Memphis, Tenn., for plaintiff-appellant.

W. Hickman Ewing, Jr., Memphis, Tenn., Holly Grimes, Chris Bradfield, argued, Atlanta, Ga., for defendant-appellee.

Before MILBURN and GUY, Circuit Judges; and WOODS, District Judge.


MILBURN, Circuit Judge.

In this action seeking Social Security disability benefits, plaintiff appeals the denial of his petition for attorney fees under the Equal Access to Justice Act ("the EAJA"), 28 U.S.C. § 2412(d). Because plaintiff did not timely file his petition for attorney fees under the EAJA, this action is dismissed for lack of jurisdiction.

I.

Plaintiff filed the underlying action on May 30, 1980. On February 5, 1981, the district...

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