Karapet Gasparyan v. MICHAEL J. ASTRUE, Commissioner of Social Security Administration

* This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
** The Honorable Kim Mueller, United States District Judge for the Eastern
District of California, sitting by designation.
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
KARAPET GASPARYAN,
Plaintiff - Appellant,
v.
MICHAEL J. ASTRUE, Commissioner of
Social Security Administration,
Defendant - Appellee.
No. 10-56946
D.C. No. 2:07-cv-03268-PJW
MEMORANDUM*
Appeal from the United States District Court
for the Central District of California
Patrick J. Walsh, Magistrate Judge, Presiding
Argued and Submitted May 7, 2012
Pasadena, California
Before: NOONAN and FISHER, Circuit Judges, and MUELLER, District Judge. **
Petitioner Karapet Gasparyan appeals the district court’s denial of his
motion for attorney’s fees under the Equal Access to Justice Act (“EAJA”), 28
U.S.C. § 2412(d)(1)(A). We affirm.
FILED
MAY 18 2012
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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2
Despite the district court’s many invitations, Gasparyan failed to provide any
meaningful rebuttal to the government's showing that its position was substantially
justified. The district court’s denial of attorney's fees thus was not an abuse of
discretion. See Gutierrez v. Barnhart, 274 F.3d 1255, 1258 (2001) (explaining that
the decision whether to award fees under the EAJA, including the district court's
conclusion that the government's position was substantially justified, is reviewed
for abuse of discretion).
AFFIRMED.

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