Opinion

Moore v. Brown

  • 10 Vet. App. 2
  • 1996 U.S. Vet. App. LEXIS 942
  • 1996 WL 721579
Court
United States Court of Appeals for Veterans Claims
Filed
Dec 9, 1996
Status
Published
On the bench
Holdaway, Ivers, Kramer
Cited by
1 cases
Authority
More cited than 45.7%

The opinion

ORDER

PER CURIAM.

In a single-judge order dated October 4, 1996, the Court dismissed, as jurisdictionally defective, the appellant’s application for attorney fees and expenses pursuant to the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412 . The appellant, on October 28, 1996, filed a motion for panel review pursuant to Rule 35(b) of the Court’s Rules of Practice and Procedure. In addition, despite the specific prohibition contained in Rule 35(g), the appellant requests oral argument.

The appellant’s motion argues that his participation in the Veterans Consortium Pro Bono Program should be considered sufficient evidence to demonstrate that the appellant’s net worth at the time the appeal was filed did not exceed $2 million and that he was, therefore, an eligible party for an award of EAJA fees and expenses. See Bazalo v. Brown, 9 Vet.App. 304, 309 (1996) (en banc). Nothing in the appellant’s EAJA application discloses the eligibility requirements, financial or otherwise, for participation in the Veterans Consortium Pro Bono Program. Ibid. Accordingly, the appellant’s argument must be rejected.

On consideration of the foregoing, it is

ORDERED that the appellant’s motion for panel review is GRANTED. It is further

ORDERED that the appellant’s motion for oral argument is DENIED. It is further

ORDERED that the appellant’s application for attorney fees and expenses is DISMISSED.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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