William Diesta v. Kilolo Kijakazi

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS MAR 4 2022

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

WILLIAM Q. DIESTA, No. 20-15729

Plaintiff-Appellant, D.C. No. 1:15-cv-00465-HG-RT v.

KILOLO KIJAKAZI, Acting Commissioner MEMORANDUM* of Social Security,

Defendant-Appellee.

Appeal from the United States District Court for the District of Hawaii Helen W. Gillmor, District Judge, Presiding

Submitted January 21, 2022** Honolulu, Hawaii

Before: O’SCANNLAIN, MILLER, and LEE, Circuit Judges.

William Diesta appeals a district court order denying his motion for attorney

fees and costs under the Equal Access to Justice Act (“EAJA”), 28 U.S.C.

§ 2412(d). We have jurisdiction under 28 U.S.C. § 1291 and deny the appeal.

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). 1. The substance of Diesta’s underlying social security case is not at issue

here,…