Legal Opinion
Zakhar Melkonyan v. Margaret M. Heckler, Secretary of Hhs
Court of Appeals for the Ninth Circuit
Decided January 31, 1990No. 87-5716PublishedCited by 26 opinions
1Opinion of the Court
ORDER
The opinion filed in the above case on June 30, 1989, is withdrawn.
OPINION
WALLACE, Circuit Judge:
Melkonyan appeals from the district court’s judgment denying his application for attorneys’ fees and costs under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412. Melkonyan challenges the court’s conclusion that the position taken by the Secretary of Health & Human Services (Secretary) was “substantially justified.” Because Melkonyan’s EAJA application was not filed within the jurisdictional time limit, we vacate the judgment and remand for dismissal by the district court.
I
On May 28,…
2Cases cited13 opinions
- Sullivan v. HudsonSupreme Court of the United States · 1989
- Jessie SINGLETON, Plaintiff-Appellee, v. Otis R. BOWEN, M.D., Secretary of Health and Human Services, Defendant-AppellantCourt of Appeals for the Seventh Circuit · 1988
- George L. Barry v. Otis R. BowenCourt of Appeals for the Ninth Circuit · 1987
- Paul W. Guthrie v. Richard S. Schweiker, Secretary of Health and Human ServicesCourt of Appeals for the Fourth Circuit · 1983
- J.H. McQuiston v. John O. Marsh, Jr., Secretary of the Army, United States Army Missile CommandCourt of Appeals for the Ninth Circuit · 1983
8 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Melkonyan v. SullivanSupreme Court of the United States · 1991
- Myers v. SullivanCourt of Appeals for the Eleventh Circuit · 1990
- Ralph DAMATO, Plaintiff-Appellant, v. Louis W. SULLIVAN, M.D., Secretary of Health and Human Services, Defendant-AppelleeCourt of Appeals for the Seventh Circuit · 1992
- Oliver BUCK, Plaintiff-Appellant, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant-AppelleeCourt of Appeals for the Sixth Circuit · 1991
- Fergason v. SullivanDistrict Court, W.D. Missouri · 1991
21 more not listed; retrieve them via the Exa API.