Groves v. Dept. Of Veterans Affairs

NOTE: This order is nonprecedential United States Court of AppeaIs for the FederaI Circuit GENE S. GROVES, C'£aimant-Appellant, V. ERIC K. SHINSEKI, SECRE'I‘ARY OF VETERANS AFFAIRS, Respondent-Appellee. 2010-7057 ` Appea1 from the United States Court of Appea1s for Veterans C1aims in 06-1252, Chief Judge Wi11iarn P. Greene, Jr. ON MOTION Bef0re GAJARsA, ScHALL, and MooRE, Circuiz Ju,dges. PER CUR1AM. 0 R D E R Gene S. Groves moves for fees under the Equal Access to Justice Act (EAJA) incurred during his appeal before this court. On November 15, 2U10, this court granted the Secre- tary of Veterans Affairs’ motion to remand Groves’ appeal = GROVES v. DVA 2 to allow the United States Court of Appeals for Veterans Claims to rule on Groves’ pending motion for reconsidera- ti0n. Groves appeared before this court without represen- tation. Groves subsequently filed this motion seeking $10,280.98 in total expenses and fees, including $9,962.50 for 79.7 hours of legal research at $125.00 per hour. Pro se litigants like Groves are not eligible to recover attorney fees under EAJA. Naekel v. Dep’t of Trcmsp., F.A.A, 845 F.2d 976, 981 (Fed. cia 193s) (“We conclude that neither EAJA nor the Back Pay Act authorizes payment to l\/[r. Naekel for the time spent acting pro se in his appeal to this court."); see also Hexamer u. Foreness, 997 F.2d 93, 94 (5th Cir. 1993) (denying attorney fees under EAJA to pro se 1itigant); Demo:rest v. Manspeaker, 948 F.2d 655, 655-56 (10th Cir. 1991) (same); Sommer v. Sazzzvan, sss F.2d s95, 395-96 (2d cia 1_990)`(per cu- riam), cert denied 498 U.S. 980 (1990) (same); ll/ferrell u. Bl0ck, 309 F.2d 639, 642 (9ch cia 19s7) (Same). with regard to the additional amount Groves seeks for copying expenses and postage, this court’s prior remand order did not award him costs and he has never submitted an itemized and verified bill. Accordingly, IT ls OR:oERED THAT: The motion is denied. l FoR THE CoURT APR 1 8 2011 /s/ J an Horba1y Date J an Horbaly Clerk cc: Gene S. Groves Steven M. Mager, Esq. 319 u.s. c0un1EBlFl»E\l=)PEALs son ms storm cannon APR 1BZD11 .|AN HORBALY CLEH!