John M. & Rebecca A. Dunaway - Page 14

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          se litigants mileage and parking fees.  Liberman v. Commr. of               
          Soc. Sec., 232 F. Supp. 2d 18, 20 (E.D.N.Y. 2002) (in addition to           
          items specifically listed in the statutory language, “courts                
          permit [pro se] litigants to recover telephone, postage, travel,            
          and photocopying costs under the EAJA”);  March v. Brown, 7 Vet.            
          App. 163, 170 (1994) (a pro se litigant may, if a prevailing                
          party, recover “all * * * ‘expenses [including postage and                  
          transportation costs] ordinarily arising in the course of                   
          providing legal services’ to a client”, quoting Cook v. Brown,              
          6 Vet. App. 226, 237-240 (1994)).  But see Kooritzky v. Herman,             
          6 F. Supp. 2d 1, 13 (D.D.C. 1997) (awarded pro se litigant                  
          photocopying costs but not taxi fares and postage), revd. on                
          other grounds 178 F.3d 1315 (D.C. Cir. 1999).                               
               In cases under the attorney’s fee award provisions of EAJA,            
          as in this case involving section 7430, the Government has                  
          resisted any award of various out-of-pocket costs even when the             
          costs were incurred by attorneys on behalf of their clients.                
          Most courts have rejected such a narrow reading of the statutory            
          provisions and generally have allowed such out-of-pocket costs to           
          be recovered.  In Intl. Woodworkers of Am., Local 3-98 v.                   
          Donovan, 792 F.2d 762, 767 (9th Cir. 1986), the Ninth Circuit               
          Court of Appeals, to which an appeal in this case would lie,                
          stated that the “expenses enumerated in [EAJA] are set forth as             
          examples, not as an exclusive list” and awarded postage, courier,           
          telephone, and attorney travel costs as “routine under all other            
          fee statutes”.  See also, e.g., Kelly v. Bowen, 862 F.2d 1333,              





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