Darald G. Bly v. Robert A. McDonald
United States Court of Appeals for Veterans Claims
1Opinion of the Court
*258KASOLD, Judge:
Pursuant to the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), veteran Darald G. Bly applies through counsel for an award of attorney fees and expenses in the amount of $4,909.58. The Secretary moves for dismissal because the application was filed 1 day beyond the statutory 30-day filing deadline for an EAJA application. See 28 U.S.C. § 2412(d)(1)(B) (requiring that EAJA applications be filed within 30 days of a court’s final judgment). Mr. Bly argues that his filing was timely, and, alternatively, that the time to file should be equitably tolled. A panel was convened…
2Cases cited26 opinions
- Pace v. DiGuglielmoSupreme Court of the United States · 2005
- Irwin v. Department of Veterans AffairsSupreme Court of the United States · 1991
- Commissioner, Immigration & Naturalization Service v. JeanSupreme Court of the United States · 1990
- Baldwin County Welcome Center v. BrownSupreme Court of the United States · 1984
- Kontrick v. RyanSupreme Court of the United States · 2004
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