Sherry B. Callahan Jonathan E. Hughes v. Anthony P. Bellante Beverly Westphal Stephen E. Jensen

972 F.2d 1337 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Sherry B. CALLAHAN; Jonathan E. Hughes, Plaintiffs-Appellants, v. Anthony P. BELLANTE; Beverly Westphal; Stephen E. Jensen, et al Defendants-Appellees. No. 91-16220. United States Court of Appeals, Ninth Circuit. Submitted July 27, 1992. * Decided Aug. 4, 1992. Before WRIGHT, FARRIS and BEEZER, Circuit Judges. 1 MEMORANDUM ** 2 The district court carefully noted in its June 12, 1991, "Order Granting Motion to Dismiss" that, "Plaintiffs, perhaps justifiably, feel aggrieved at the treatment of Callahan in the underlying action. But anger, resentment and frustration are not alone adequate grounds for a lawsuit in federal court, particularly an untimely lawsuit." We agree, and conclude that Plaintiffs' § 1983 action was properly dismissed. 3 With respect to the county's intention to seek attorney's fees on this appeal, we have said that, "[a] prevailing civil rights defendant should be awarded attorney's fees…