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O'BRIEN v. MOORE

No. 04-6473.

395 F.3d 499 (2005)

Joseph P. O'BRIEN, Petitioner-Appellee, and James E. Byrd; Ebony Guinn; Jaron A. Sturdivant, Petitioners, v. G.O. MOORE, Community Corrections Manager, Respondent-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: January 27, 2005.

Attorney(s) appearing for the Case

ARGUED: Matthew Theodore Martens, Assistant United States Attorney, Office of the United States Attorney, Charlotte, North Carolina, for Appellant. William Chester Bunting, Jr., Shumaker, Loop & Kendrick, Charlotte, North Carolina, for Appellee. ON BRIEF: Gretchen C.F. Shappert, United States Attorney, Charlotte, North Carolina, for Appellant. Peter C. Anderson, Shumaker, Loop & Kendrick, L.L.P., Charlotte, North Carolina, for Appellee.

Before NIEMEYER and MICHAEL, Circuit Judges, and Norman K. MOON, United States District Judge for the Western District of Virginia, sitting by designation.

Reversed and vacated by published opinion. Judge NIEMEYER wrote the opinion, in which Judge MICHAEL and Judge MOON joined.

OPINION

NIEMEYER, Circuit Judge:

The question in this appeal is whether the Equal Access to Justice Act (the "EAJA"), 28 U.S.C. § 2412, contains an unequivocal expression of congressional intent to waive sovereign immunity to authorize the assessment of an award of attorneys fees against the United States in a habeas...

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