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TOBELER v. COLVIN

No. 12-16392.

749 F.3d 830 (2014)

Craig Douglas TOBELER, Plaintiff-Appellant, v. Carolyn W. COLVIN, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed April 18, 2014.

Attorney(s) appearing for the Case

Linda S. Ziskin (argued), Lake Oswego, OR; John C. Boyden and John A. Aberasturi , Erickson, Thorpe & Swainston, Ltd., Reno, NV, for Plaintiff-Appellant.

Elizabeth Barry (argued), Special Assistant United States Attorney, Daniel G. Bogden , United States Attorney, Donna L. Calvert , Acting Regional Chief Counsel, Social Security Administration, San Francisco, CA, for Defendant-Appellee.

Before: RAYMOND C. FISHER and MARSHA S. BERZON, Circuit Judges, and GORDON J. QUIST, District Judge.

OPINION

FISHER, Circuit Judge:

Craig Tobeler appeals the district court's order denying his motion for attorney's fees under the Equal Access to Justice Act (EAJA). We have jurisdiction under 28 U.S.C. § 1291, we review for an abuse of discretion, see Meier v. Colvin, 727 F.3d 867, 869-70 (9th Cir.2013), and we reverse.

"EAJA provides that `a court shall award to a prevailing party other than the United...

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