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litigants to recover out-of-pocket costs such as mileage and
parking fees.
Under the general language of the attorney’s fee award
statute of the Freedom of Information Act (FOIA), 5 U.S.C. sec.
552(a)(4)(E) (2000),9 two Courts of Appeals and one District
Court have allowed pro se litigants to recover mileage and
parking fees. Bensman v. United States Fish & Wildlife Servs.,
49 Fed. Appx. 646, 647 (7th Cir. 2002) (transportation costs and
parking fees awarded); Kuzma v. IRS, 821 F.2d 930, 933 (2d Cir.
1987) (transportation costs, parking fees, and other out-of-
pocket costs awarded); Blazy v. Tenet, No. 93-2424, 1998 U.S.
Dist. LEXIS 22649, at *8-9 (D.D.C. Apr. 6, 1998) (mem.) (postage
and transportation costs generally awardable if substantiated).
Under the attorney’s fee award statute of the Equal Access
to Justice Act (EAJA), 28 U.S.C. sec. 2412 (2000),10 the language
of which closely resembles the relevant language of section
7430(c)(1), at least two District Court opinions have awarded pro
9 The Freedom of Information Act, 5 U.S.C. sec.
552(a)(4)(E) (2000), provides:
The court may assess against the United States reasonable
attorney fees and other litigation costs reasonably incurred
in any case under this section in which the complainant has
substantially prevailed.
10 The relevant language of the Equal Access to Justice
Act, 28 U.S.C. sec. 2412(d)(2) (2000), provides:
(2). For the purposes of this subsection--
(A) “fees and other expenses” includes the reasonable
expenses of expert witnesses, the reasonable cost of any
study, analysis, engineering report, test, or project which
is found by the court to be necessary for the preparation of
the party’s case, and reasonable attorney fees * * *.
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