Noller

930 F.2d 28 Unpublished Disposition NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Marianne E. NOLLER, Plaintiff-Appellant, v. Louis W. SULLIVAN, Secretary of Health and Human Services, Defendant-Appellee. No. 90-55093. United States Court of Appeals, Ninth Circuit. Submitted March 20, 1991. * Decided April 1, 1991. Before K.K. HALL, DAVID R. THOMPSON and RYMER, Circuit Judges. MEMORANDUM ** Marianne E. Noller appeals the magistrate's order denying her motion for attorney's fees under the Equal Access to Justice Act, 28 U.S.C. Sec. 2412 ("EAJA"). 1 We have jurisdiction under 28 U.S.C. Sec. 1291 , and we affirm. 1 We review the denial of attorney's fees under the EAJA for an abuse of discretion. Kali v. Bowen, 854 F.2d 329, 331 (9th Cir.1988). The district court abuses its discretion when its "decision is based on an erroneous conclusion of law or when the record contains no evidence on which [it] could rationally have based its decision." Id. (quoting In re Hill, 775 F.2d…