Kenneth D. PASKAR; Friends of Laguardia Airport, Inc., Petitioners, v. FEDERAL AVIATION ADMINISTRATION; Michael P. Huerta; Ray Lahood, Secretary, United States Department of Transportation, Respondents, 539 F. App'x 750

MEMORANDUM Petitioner Kenneth Paskar seeks to recover $19,450 in fees accrued in connection with his Petition for Review under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412. Because Paskar’s challenge to the FAA’s planned closure of various air traffic control towers was dismissed without a judgment on the merits or court-ordered consent decree, Paskar does not qualify as a “prevailing party” within the meaning of the EAJA. See Perez-Arellano v. Smith, 279 F.3d 791, 794 (9th Cir.2002); see also Buckhannon Board & Care Home, Inc. v. W. Va.

Dep’t of Health & Human Res., 532 U.S. 598, 610, 121 S.Ct. 1835, 149 L.Ed.2d 855 (2001). Accordingly, his application for fees is DENIED. This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.