Jabaay v. Sullivan

Order This matter initially came before the court on appeal of the district court's denial of appellant's petition for attorneys' fees under the Equal Access to Justice Act, 28 U.S.C. § 2412 (Supp. 1991) (""EAJA""). On December 17, 1990, a decision was issued remanding the case for dismissal by the district court on grounds that appellant's fee petition was not filed within thirty days after a final judgment as required by the EAJA. The mandate was issued January 7, 1991. On January 25, 1991, the court granted appellant's motion to recall the mandate and to stay the proceedings pending the Supreme Court's decision in Melkonyan v. Sullivan, 895 F.2d 556 (9th Cir. 1990). On June 11, 1991, the Supreme Court issued its decision reversing Melkonyan. Melkonyan v. Sullivan, U.S. , 111 S. Ct. 2157 (1991). Pursuant to the court's order of January 25, 1991, both parties submitted status reports on the Supreme Court's decision in Melkonyan.