Robinson

Robinson v. Burgess

Good Law
2 F. App'x 856
United States Court of Appeals for the Ninth CircuitJanuary 25, 2001No. 00-35311California351 words

Opinion

Lead Opinion

MEMORANDUM **

Allan L. Robinson appeals the district court’s amended judgment dismissing his action with prejudice and awarding attorney’s fees and costs to appellees. Because Robinson failed to file a timely notice of appeal as to the judgment dismissing his action, we lack jurisdiction to consider the dismissal. We review the district court’s award of attorney’s fees for an abuse of discretion, see Barjon v. Dalton, 132 F.3d 496, 500 (9th Cir.1997), cert. denied, 525 U.S. 827 , 119 S.Ct. 75 , 142 L.Ed.2d 59 (1998), and we affirm.

A district court has discretion to award attorney’s fees to a prevailing de *858 fendant under 42 U.S.C. § 1988 , “but only where the action brought is found to be unreasonable, frivolous, meritless or vexatious.” Patton v. County of Kings, 857 F.2d 1379, 1381 (9th Cir.1988) (citations omitted). “A district court abuses its discretion if its fee award ‘is based on an inaccurate view of the law or a clearly erroneous finding of fact.’ ” Barjon, 132 F.3d at 500 (citations omitted).

The district court found that Robinson’s claims consist of “vague conclusions,” and that his complaint “continues in ... rambling fashion through 29 causes of action against…

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