John M. & Rebecca A. Dunaway - Page 13

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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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