Edmund Fremont v. Donna E. Shalala, Secretary of Health and Human Services

5 F.3d 536 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Edmund FREMONT, Plaintiff-Appellant, v. Donna E. SHALALA, Secretary of Health and Human Services, * Defendant-Appellee. No. 92-56395. United States Court of Appeals, Ninth Circuit. Submitted March 31, 1993. ** Submission Withdrawn May 18, 1993. Resubmitted Aug. 25, 1993. Decided Aug. 27, 1993. Appeal from the United States District Court Central District of California; No. CV-89-7209-DT (JR), Dickran M. Tevrizian, District Judge, Presiding. C.D.Cal. REVERSED AND REMANDED. MEMORANDUM *** Before FLETCHER, D.W. NELSON and BRUNETTI, Circuit Judges. 1 Fremont appeals the district court's denial of his motion for award of attorney's fees and expenses under the Equal Access to Justice Act (EAJA), 28 U.S.C. Sec. 2412 . The district court found that the position of the Secretary of Health and Human Services ("Secretary") during the proceedings was substantially justified, precluding an EAJA award. We reverse. 2 The district…