Kashin

MEMORANDUM *

Douglas Kent appeals the district court’s decisions (1) rejecting his original applica *342 tion for an award of attorneys’ fees and other expenses pursuant to the Equal Access to Justice Act (“EAJA”), - 28 U.S.C. § 2412 (d)(1)(A), because it was filed in violation of the Southern District of California’s Local Rules (“Local Rules”) and (2) denying Kent’s second application as untimely. Kent also appeals the district court’s findings that (1) his petition for certification was an action sounding in tort, and therefore was not entitled to attorneys’ fees and expenses, and (2) the Government’s opposition to Kent’s certification was substantially justified. We have jurisdiction pursuant to 28 U.S.C. § 1291 and affirm the district court.

The EAJA requires an application for attorneys’ fees and costs to be filed within thirty days of final judgment. 28 U.S.C. § 2412 (d)(1)(B). If no petition for certio-rari is filed, the application is due 120 days after the appellate decision. See Zheng v. Ashcroft, 383 F.3d 919, 921-22 (9th Cir.2004). Kent filed his application for an award of attorneys’ fees pursuant to the EAJA on December 5, 2006, which was 117 days after the…