Paul J. Ciesla v. John W. Shannon, Acting Secretary of the Army

50 F.3d 13 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Paul J. CIESLA, Plaintiff-Appellant, v. John W. SHANNON, Acting Secretary of the Army, Defendant-Appellee. No. 93-16640. United States Court of Appeals, Ninth Circuit. Submitted Feb. 14, 1995. * Decided March 15, 1995. IN PART, REVERSED IN PART, AND REMANDED. 1 Before: TANG, and O'SCANNLAIN, Circuit Judges, and MERHIGE ** , District Judge. 2 MEMORANDUM *** 3 Paul J. Ciesla appeals from a district court judgment awarding attorney's fees in his Title VII action. We have jurisdiction under 28 U.S.C. Sec. 1291 . We affirm in part, reverse, in part, vacate in part, and remand for further proceedings consistent with this memorandum. 4 Ciesla argues that he is entitled to review of the phase I attorney's fees award because he filed a federal action within thirty days of the EEOC's denial of his untimely request to reopen. In order to maintain his federal action, Ciesla had to file the suit within thirty days of receiving…