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SCANLON v. SULLIVAN

No. 91-55516.

974 F.2d 107 (1992)

Joseph SCANLON, Plaintiff-Appellant, v. Louis W. SULLIVAN, M.D., Secretary of Health and Human Services, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided July 24, 1992.

Attorney(s) appearing for the Case

Thelma S. Cohen, Bertram L. Potter, Potter & Cohen, Pasadena, Cal., for plaintiff-appellant.

Michael R. Power, Asst. Regional Counsel, U.S. Dept. of Health and Human Services, San Francisco, Cal., for defendant-appellee.

Before: ALARCON, NORRIS and O'SCANNLAIN, Circuit Judges.

ALARCON, Circuit Judge:

Joseph Scanlon appeals from the denial of his application for attorney's fees under the Equal Access to Justice Act ("EAJA"), 28 U.S.C. § 2412(d). Scanlon contends that the district court abused its discretion in denying EAJA fees because the Secretary's position in the litigation was not "substantially justified." We conclude that the district court lacked jurisdiction to consider Scanlon's fee petition. We therefore vacate the district...

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