AMENDED ORDER
The respondents motion to stay proceedings is DENIED. The respondents motion for an extension of time to respond to petitioner Lizardis motion for attorneys fees is GRANTED. The response to the motion for fees is due February 25, 2021.
Lizardis motion for attorneys fees under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d)(1)(B), is not premature. Under the EAJA, the deadline to file for attorneys fees is 30 days after a final judgment—that is, 30 days after the date when a petition for a writ of certiorari would be untimely. Zheng v. Ashcroft, 383 F.3d 919, 920 (9th Cir. 2004); Li v. Keisler, 505 F.3d 913, 916–17 (9th Cir. 2007). However, a party need not wait until the judgment is final to move for attorneys fees. Auke Bay Concerned Citizens Advisory Council v. Marsh, 779 F.2d 1391, 1393 (9th Cir. 1986). Lizardis motion is timely because he has already “prevailed.” Id.
To receive an extension of time to respond to an attorneys fees motion based on the deadline for seeking certiorari, the government should indicate that it is actually contemplating filing a petition for a writ of certiorari. As there is no such indication here, we grant a more limited extension.