gno.law

Steven Capitani v. Jo Anne Barnhart

Court of Appeals for the Ninth Circuit · 09-57015 · 2011-06-17 · Unpublished

Proceeding
appeal
Trial court
United States District Court for the Southern District of California
Trial judge
John A. Houston (district judge)
Outcome
affirmed — AFFIRMED.
Area
civil

Analysis

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Opinion

FILED NOT FOR PUBLICATION JUN 17 2011

MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS

FOR THE NINTH CIRCUIT

STEVEN LEE CAPITANI, No. 09-57015 Plaintiff - Appellant, D.C. No. 3:07-cv-00266-JAH-AJB v. MEMORANDUM * MICHAEL J. ASTRUE, Commissioner of Social Security Administration, Defendant - Appellee.

Appeal from the United States District Court for the Southern District of California John A. Houston, District Judge, Presiding Submitted June 9, 2011 ** Pasadena, California Before: KOZINSKI, Chief Judge, IKUTA, Circuit Judge and PIERSOL, District Judge.*** * This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). *** The Honorable Lawrence L. Piersol, Senior United States District Judge for the District of South Dakota, sitting by designation. page 2 The district court did not abuse its discretion in denying Capitani’s attorney’s late-filed application for attorney’s fees under the Equal Access to Justice Act because her reasons for missing the deadline amounted to “a garden variety claim of excusable neglect.” Irwin v. Dep’t of Veterans Affairs, 498 U.S.

89, 96 (1990); see Le v. Astrue, 529 F.3d 1200, 1201 (9th Cir. 2008); see also Modrowski v. Mote, 322 F.3d 965, 968–69 (7th Cir. 2003).

AFFIRMED.