Franklin L. Miller v. Los Angeles County Board of Education and Stuart E. Gothold, Los Angeles County Superintendent of Schools
Opinion
Opinion
Choy, J.
Franklin L. Miller appeals pro se the district court’s order granting a motion for attorney’s fees submitted by the Office of the Los Angeles County Superintendent of Schools and Stuart E. Gothold (collective ly, the “Superintendent”) following a successful defense of Miller’s lawsuit. Miller also seeks reversal of a pretrial order denying sanctions against the Superintendent. We vacate and remand the district court’s award of attorney’s fees; we dismiss as untimely the appeal of the district court’s pretrial order denying sanctions.
BACKGROUND
Miller brought suit pro se against the Superintendent, his former employer, alleging, inter alia, that the Superintendent had discriminated against him on the basis of race in violation of 42 U.S.C. §§ 1981 , 1983 and Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e et seq. The Superintendent filed a motion for summary judgment in regard to the race discrimination claims, arguing that the claims were res judicata because Miller’s charges had been ruled upon by administrative agencies. The district court took the motion as to these claims under submission, and allowed the case to proceed to trial.